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;

mit the Board, in determining any application, shall take into consideration the total number of motor taxis al ready at the time of the application authorized to be used by holders of permits, and in that regard shall take into consideration such matters as the reasonable need of the public for transport facilities, the character and condition of the highways, the amenities of Bermuda and the safety, comfort and convenience of the commu nity;

(d) where a permit is granted, the maximum number of motor taxis that may be used for the purpose of operat ing the service shall be such as the Board in their dis cretion may determine, and shall be specified in the permit, and the holder of the permit shall not use or cause or allow to be used for the purpose of operating the service any greater number of motor taxis than that specified in the permit;

Provided that upon the application of the holder of a permit the Board may by endorsement on the permit authorize the use of a greater number of motor taxis than the number previously specified;

(e) every permit shall specify the period (to be determined by the Board) within which the service is to be instituted and the Board may revoke any permit if the holder of the permit fails to institute the service within the period so specified or within such longer period as the Board in particular cases may allow;

(f) if at any time the Board are satisfied that the holder of a permit �

(i) has divested himself wholly or substantially of the management and control of the service in re spect of which the permit was granted; or

(ii) is not operating in an efficient manner the ser vice in respect of which the permit was granted,

then the Board, subject to paragraph (g) and paragraph (h), may by no tice in writing to the holder of the permit (which notice shall specify the grounds on which the suspension is made) suspend the permit for a pe riod of 2 months; and where a permit is so suspended by the Board then the permit shall have no effect during the pe riod of the suspension and on the expiration of the pe riod of the suspension the Board may by no tice in writ ing to the holder revoke the permit.

For the purposes of this paragraph, the operation of a service in an effi cient manner shall be deemed to include making available for the use of the public the number (with reasonable exceptions) of motor taxis speci fied in the permit, and also the maintenance of the motor taxis in a de cent and comfortable condition, having regard to such matters as paint work, upholstery, cleanliness and good external and internal appear ance; and the Board, in determining whether or not a service is being op erated in an efficient manner may also take into consideration the be haviour in matters concerning the operation of the service of persons en gaged or employed in the operation of the service;

(g) before suspending any permit on either of the grounds mentioned in paragraph (f) the Board shall give the holder of the permit an opportunity to ob ject and (if he objects) an opportunity to be heard by the Board con cerning his objection;

(h) where a person is aggrieved by a decision of the Board to suspend or revoke a permit granted to him he may have the matter remitted to a court of summary jurisdiction in the manner provided and subject to the conditions set out in section 116; and where the court reverses the de cision of the Board the Board shall not again suspend the permit during a period of 2 months from the date of the reversal of the decision or from the date on which the suspension of the permit was due to expire or the re vocation of the permit to take effect, whichever is the later date; but, subject as aforesaid, the reversal of that decision shall not preclude the Board from again sus pending or, subject to this subsection, from again re voking, the permit;

(i) the Board may at any time require the holder of a permit to furnish the Board, in such manner as the
Board may direct, including a sworn declaration, with such infor mation as the Board may specify, being information re quired by the Board in connection with the discharge of their functions under this section; and if the Board di rect that the information is to be furnished by a sworn declaration, the declaration may be sworn before a jus tice of the Peace or a Commissioner for taking affidavits in the Supreme Court;

(j) without prejudice to any other provision of this Act re lating to the examination of motor cars, the Board may require the holder of a permit to make available for in spection by any member of the Board, or any person designated by the Board, all or any of the motor taxis used for the purpose of the service operated by him;

(k) hearings by the Board of applications for permits shall be open to the public.

(3) No person shall use or cause or allow any other person to use a motor taxi except for the purpose of operating a motor taxi service.

(4) No person shall use or cause or allow to be used as a motor taxi a motor car which at the time of its importation into Bermuda was a used motor car.

(5) Where a motor car has been used as a motor taxi it shall not subsequently be licensed as a private motor car.

Number of authorized motor taxis

34 (1) The number of motor taxis which may be operated in Bermuda under the authority of a permit granted under section 33 or of a special permit granted under the Motor Taxi (Special Permits) Act 1970 [title 21 item 10] shall not in total exceed six hundred.

(2) The Minister may, from time to time, after consultation with the Board, by order published in the Gazette, vary the maximum of mo tor taxis specified in subsection (1).

(3) The negative resolution procedure shall apply to an order made under subsection (2).

Transfer of permits

35 (1) Subject to this section a permit granted under section 33 shall be capable of being transferred by its holder or by his estate repre sentative (in both cases in this section referred to as "the transferor") to another person (in this section referred "the transferee").

(2) The transferor shall make an application for the transfer of the permit and the application shall be accompanied by such informa tion relating to the transferee as the Board may require, and, if the Board are satisfied that the transferee is a suitable person to operate a motor taxi service, the Board may approve the application for transfer.

(3) Upon approval of the application for transfer by the Board the transferor shall surrender the permit to the Board who may either cancel the permit and grant a new one to the transferee subject to such conditions as the Board may determine, or cause such endorsement to be made on the permit as may be necessary to evidence the transfer of the permit to the transferee.

(4) Section 33 shall apply to a permit granted to the transferee under subsection (3) as it applies to a permit granted under that section.

Permit as security for loan

35A (1) A permit granted under section 33 or pursuant to section 35(3) shall be capable of being used by its holder (in this section called "the borrower") as security for a loan.

(2) Where the borrower uses his permit as security for a loan�

(a) the permit together with written evidence of the loan signed by the person granted the loan (in this section called "the lender") and by the borrower shall be sub mitted to the Director of Transport Control (in this sec tion called "the Director") who shall endorse on the per mit the fact of the loan made and shall make and keep a record of the transaction;

(b) the permit shall, after being duly endorsed, be returned by the Director to the lender;

(c) on an application in writing signed by the lender and the borrower requesting cancellation of the endorsement on the permit the Permanent Secretary shall �

(i) cancel the endorsement on the permit;

(ii) make the necessary entries in his records evi dencing the cancellation of the endorsement; and

matter remitted to a court of summary jurisdiction and section 116 shall apply to any such application.

(6) Any person who �

(a) operates a radio despatching service without a valid permit; or

(b) operates such a service with less than the number of motor taxis specified in the permit,

commits an offence:

Punishment on summary conviction: in the case specified in paragraph (a), a fine of $1,400 for every day during which the offence continues, and in the case mentioned in paragraph (b), shall be liable to have his permit cancelled or suspended by the Board for such period as the Board may think proper:

Provided that the Board may allow that person to continue to operate the despatching service with less than the number of motor taxis specified in the permit, if, by reason of the removal from that service of a motor taxi for disciplinary purposes or for any other reason beyond the control of that person and the Board consider that it would work a hard ship on the public to cancel or suspend the permit.

Government passenger motor cars

38 (1) Nothing in sections 10 to 37 shall prevent the ownership by the Government of passenger motor cars, or the use of passenger motor cars in the service of the Government on the highways of Bermuda; and any such motor cars are hereinafter in this section referred to as "Government passenger motor cars".

(2) As respects the application of sections 10 to 37 to Govern ment passenger motor cars �

(a) for the purposes of section 10 and the First Schedule, Government passenger motor cars (other than om nibuses and motor cycles) shall be classed as private motor cars;

(b) for the purposes of section 12, Government passenger motor cars (other than omnibuses and motor cycles) shall be deemed to be private motor cars;

(c) for the purposes of section 15, Government passenger motor cars (other than omnibuses and motor cycles) shall be deemed to be private motor cars; but nothing in section 16 or in section 17 shall have effect in relation to any Government passenger motor car.

Consulate official motor cars

39 (1) Nothing in sections 10 to 37 shall prevent the ownership by the Government of a Foreign State of official passenger motor cars, or the use of such motor cars in the service of the Consulate of the Foreign State in Bermuda on the highways of Bermuda; and any such motor cars are hereinafter in this section referred to as "Consulate official motor cars":

Provided that nothing in subsection (1) shall authorize the use of official passenger motor cars in the service of the Consulate in Bermuda of the Government of any Foreign State unless that Consulate is under the charge of a consular officer in whose case the following conditions are fulfilled�

(a) he must hold a permanent and pensionable office or post in the service of the Government of the country by which he is employed, and must be a national of that country;

(b) he must not be engaged in any private occupation for gain; and

(2) As respects the application of sections 10 to 37 to Con sulate official motor cars �

(a) for the purposes of section 12, Consulate official motor cars shall be deemed to be private motor cars; and

(b) for the purposes of section 15, Consulate official motor cars shall be deemed to be private motor cars; but nothing in section 16 or in section 17, shall have effect in relation to any Consulate official motor car.

General restrictions on use of trucks

40 (1) No person shall use or cause or allow any other person to use a truck except under the authority and in accordance with the terms and conditions of a permit granted by the Minister.

(2) Concerning permits authorizing persons to use trucks�

(a) any person engaged in a trade or business involving the
carriage of goods, substances, animals or other loads, or involving the operation of a public utility service, may apply to the Minister for a permit to use a truck for the purpose of his trade or business; or in the case of a pri vate light truck, for purpose of his trade or business and as a private motor car;

(b) the Minister shall consider every application and may, if he is satisfied that the applicant is engaged in a trade or business as aforesaid, in his discretion either grant or refuse to grant a permit accordingly;

(c) the Minister, in determining any application for the grant of a permit to use a truck shall take into consider ation the nature and scope of the applicant's trade or business and the number of trucks already at the time of the application authorized to be used by him;

(d) the Minister, in determining any application for the grant of a permit for the use of a heavy truck �

(i) shall take into consideration the number of heavy trucks already at the time of the applica tion authorized to be used by holders of permits, the reasonable needs of the public for transport facilities, the character and condition of the highways, the amenities of Bermuda and the safety, comfort and convenience of the commu nity; and

(ii) shall not grant a permit unless he is satisfied that the applicant's trade or business is such that it habitually involves the carriage of loads so heavy or bulky that to require the applicant to use a light or intermediate truck only would be unreasonable;

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

(4) Except in the case of a private light truck but subject as hereinafter provided, no person shall use, or cause or allow any other person to use, a truck for any purpose except a purpose (including the carriage of persons as passengers) connected with the carriage of goods, substances, animals or other loads or connected with the operation of a public utility service:

Provided that, without prejudice to section 44 and subject as prescribed �

(a) while a truck is being used for such a purpose as afore said any person may be carried as a passenger in the truck if he is carried in the cab or driver's compartment of the truck, notwithstanding that he is not being carried for such a purpose;

(b) a person may be carried as a passenger in a truck if his carriage is directly connected with the trade or business of the holder of the permit under the authority of which the truck is used whether the truck at the material time is being used for such a purpose as aforesaid or not.

(5) Except with permission granted by the Minister, no person shall use or cause or allow any other person to use a truck on any ex cepted day,

Provided that this subsection shall not apply to a private light truck.

(6) 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; and

(b) for requiring the holders of permits to notify the Minister upon their ceasing to be engaged in the trade or busi ness in connection with which the permit was granted; and

(7) In this section �

(a) "public utility service" means an undertaking operated under the authority of an Act of the Legislature for the purpose of a public telephone service, the supply of electricity to the general public or the transportation within Bermuda of members of the general public;

(b) "heavy truck" means a truck or tank wagon having any
specifications in excess of the corresponding specifica tions assigned to an intermediate truck in the First Schedule;

(c) "light truck" and "intermediate truck" mean a truck having the specifications assigned respectively to light trucks and intermediate trucks in the First Schedule;

(d) "excepted day" means Sunday, Christmas Day and Good Friday.

Restrictions on use of self-propelled constructional machines

41 (1) No person shall use or cause or allow any other person to use any self-propelled constructional machine except under the author ity and in accordance with the terms and conditions of a permit granted by the Minister.

(2) With respect to permits authorizing persons to use self-pro pelled constructional machines and the use of self-propelled construc tional machines thereunder�

(a) any person engaged in a trade or business involving op erations or works which necessitate the use on the highways of Bermuda of a self-propelled constructional machine, may apply to the Minister for a permit to use the self-propelled constructional machine for such use;

(b) the Minister shall consider every such application, and, if he is satisfied that the operations or works involved in the trade or business of the applicant necessitate the use of the self-propelled constructional machine as aforesaid, shall grant a permit accordingly;

(c) the Minister, if he grants a permit in accordance with paragraph (c), shall take into considera tion the charac teristics of the particular self-propelled constructional machine in respect of which the permit is granted, and after consultation, where he thinks it expe dient, with the Permanent Secretary for the Department of Works and Engineering and the Commissioner of Po lice, may, with out prejudice to any power of the Minister or of a Mu nicipality under section 4 of the Road Traffic Act 1947 [title 21 item 3], insert such terms and condi tions as to the use of the self-propelled constructional machine as he thinks expedient, having due regard to the character and condition of the highways of Bermuda, the ameni ties of Bermuda, and the safety, comfort and conve nience of the community;

(d) if a person to whom a permit has been granted for the use of a self-propelled constructional machine ceases to be engaged in a trade or business involving operations which necessitate the use on the highways of Bermuda of that self-propelled constructional machine, or if he ceases to be the registered owner of that self-propelled constructional machine, the Minister may, as from the date of either such cessation as aforesaid, by notice to that person revoke 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; and

(b) for requiring the holder of permits to notify the Minister upon the cessation of their trade or business, or upon their ceasing to own a particular self-propelled con structional machine, as mentioned in subsection (2)(d).

Restriction on use of tracked vehicles

42 (1) No person shall use or cause or allow any other person to use a tracked vehicle on any highway or estate road except under the authority and in accordance with the terms and conditions of a permit granted by the Minister.

(2) With respect to permits authorizing persons to use a tracked vehicle on a highway or estate road�

(a) any person engaged in a trade or business involving the use of a tracked vehicle on a highway or estate road may apply to the Minister for a permit to use a tracked vehi cle as aforesaid;

(b) the Minister shall consider every such application and if he is satisfied that the trade or business of the applicant necessitates the use of a tracked vehicle on a highway or estate road, shall grant a permit accordingly;

(c) the Minister if he grants a permit in accordance with paragraph (b), may insert in such permit such terms
and conditions as to the use of the tracked vehicle on a highway or estate road as he may think expedient, and such terms and conditions may impose the route to be followed by the tracked vehicle and the times of the day during which the tracked vehicle may be used on a highway or estate road.

(3) For the purposes of this section, "tracked vehicle" means a vehicle which is designed to lay its own tracks or surface for its wheels (or some of its wheels) or rollers to move over in order that it may be pro pelled from one position to another.

Restrictions on use of tractors

43 (1) No person shall use or cause or allow any other person to use a tractor except under the authority and in accordance with the terms and conditions of a permit granted by the Minister.

(2) With respect to permits authorizing persons to use trac tors�

(a) any person engaged in a trade or business involving the carriage of goods, substances or other loads within a municipal area to or from docks, warehouses or stores may apply to the Minister for a permit to use a tractor for the purpose of his trade or business;

(b) the Minister shall consider any such application and shall, if he is satisfied that the applicant is engaged in a trade or business as aforesaid, grant a permit accord ingly;

(c) if a person to whom a permit has been granted for the use of a tractor ceases to be engaged in a trade or busi ness as aforesaid the Minister may, as from the date of such cessation, by notice to that person revoke the permit.

(3) A tractor shall not, without permission in writing of the Minister, and subject to such conditions as the Minister may specify in such permission, be used except within a municipal area.

(4) Except with permission granted by the Minister, no person shall use or cause or allow any other person to use a tractor on any ex cepted day.

(5) 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 their ceasing to be engaged in the trade or busi ness in connection with which the permit was granted.

(6) In this section �

(a) "tractor" means a tractor designed for drawing trailers which has either three or four wheels, and which has the specifications assigned to a tractor in the First Schedule and includes a tractor trailer;

(b) "tractor trailer" means a tractor with trailer attached or other vehicle approved by the Minister which is designed and employed for carrying a single container not ex ceeding twenty feet in length, construction machinery or other loads which may not safely be carried on a truck, and which has the specifications assigned to a tractor trailer in the First Schedule;

Restrictions on use of tank wagons, fire-fighting vehicles

44 No person shall use or cause or allow any other person to use a motor car falling within any of the following descriptions�

(a) a tank-wagon;

(b) a garbage collection truck;

(d) an ambulance;

(e) a tractor; or

(f) a self-propelled constructional machine,

for any purpose except the purpose for which the motor car is intended ordinarily to be used.

Restriction on use of motor cars in service of Municipality

45 (1) No motor car other than a truck (including a tank-wagon) but excluding a private light truck, a fire-fighting vehicle, or a self-pro -
pelled constructional machine shall be used in the service of a Munici pality:

Provided that a tractor may be used in the service of a Munici pality.

(2) Section 40 and section 41 shall apply in relation, respec tively, to trucks (including tank-wagons) but excluding private light trucks and to self-propelled constructional machines owned by and in the service of a Municipality and section 43 shall apply in relation to a tractor owned by and in the service of a Municipality; but in construing those provisions in relation to any such trucks, self-propelled construc tional machines, or tractors, any references to a trade or business shall be construed as references to the functions of the Municipality.

Use of trucks and self-propelled constructional machines by Gov ernment Departments

46 (1) Subject as hereinafter provided, nothing in section 40 shall have effect in relation to any truck that is a truck owned by and in the service of the Government:

Provided that any application by a Department of the Govern ment for the purchase of a truck which is a heavy truck as defined in section 40 shall be submitted through the Minister; and the Minister, having regard to the restrictions imposed in respect of heavy trucks by section 40, shall, in transmitting the application, transmit with it an ex pression of his views as to the desirability of the purchase.

(2) Subject as hereinafter provided, nothing in section 41 shall have effect in relation to any self-propelled constructional machine owned by the Government and used in the service of the Department of Works and Engineering:

Provided that no such self-propelled constructional machine shall be used without prior consultation by the Permanent Secretary for the Department of Works and Engineering, with the Minister or with an officer of the Department deputed by the Minister to act in that behalf; and the Permanent Secretary shall, with respect to the use of the self-propelled constructional machine, pay due regard to any representation made by the Minister or by an officer of the Department as aforesaid.

Restriction on use of trailers

47 (1) Except under the authority and in accordance with the terms and conditions of the permit granted by the Minister, no person shall use or cause or allow any other person to use a trailer with any motor car other than �

(a) a truck used in the service of the Department of Works and Engineering of the Government;

(b) a fire-fighting vehicle;

(d) a tractor while it is being used in conformity with section 43.

(2) Notwithstanding anything in subsection (1), no person shall use or cause or allow any other person to use any trailer or boat-trailer the dimensions of which exceed those specified in the First Schedule:

Provided that in exceptional circumstances, and subject to such conditions and limitations as the Minister thinks fit to impose, the Min ister may grant permission for the use of a trailer the dimensions of which are larger than those aforesaid.

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

(a) for prescribing the maximum gross weight (fully loaded) of trailers;

(b) for prescribing the design and equipment of trailers and the manner in which such equipment is to be fitted and used;

(c) for prescribing the design and fitting of couplings and draw bar gear connecting trailers to the motor cars by which they are drawn;

(d) for prescribing, in relation to boat-trailers, the maximum weight and width of boats to be transported thereon and the maximum overhang thereof at the back of the boat-trailer.

(4) In this section "public utility service" has the meaning given in section 40(7) except that it does not include an undertaking for the purpose of the transportation of members of the general public.

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

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

48 This Part shall have effect notwithstanding Part II but shall not

operate so as to prejudice or derogate from any other provisions of this Act:

Provided that nothing in this Part shall authorize the use of a private motor car (as such) otherwise than in accordance with Part II.

Use of motor cars in time of war

49 During any war or state of emergency in which Her Majesty or the United States of America may be engaged or involved no condition, restriction or limitation imposed by or under Part II shall apply in rela tion to the use of any motor car or trailer which is in the service of Her Majesty's Forces or, as the case may be, the United States Forces.

Use of motor cars in time of peace

50 When Her Majesty or when the United States of America is not engaged in war or is not involved in state of emergency�

(a) the use of Her Majesty's Forces of motor cars and trail ers on the highways of Bermuda shall be such as may be in accordance with any subsisting arrangements made, with the concurrence of the Legislature, between the Governor and the appropriate naval, military or air force authority in Bermuda;

(b) the use by the United States Forces of motor cars and trailers on the highways of Bermuda shall be such as may be in accordance with any subsisting agreement made, with the concurrence of the Legislature, between the Government of the United States of America and Her Majesty's Government in the United Kingdom or in Bermuda.

PART IV
MOTOR CAR LICENCES AND REGISTRATION

Trailers

51 For the purposes of this Part, "motor car" shall, unless the con text otherwise requires, be deemed to include a trailer.

Motor car licences

52 (1) Subject to this Act, the Minister shall be the authority for the issue of motor car licences for the use of motor cars on the highways of Bermuda.

(2) No person shall�

(a) use or cause or allow any other person to use on the highways of Bermuda�

(i) a motor car, other than a motor cycle; or

(ii) a motor cycle; or

(b) keep or cause or allow any other person to keep, in a public place, a motor car other than a motor cycle; or

unless a motor car licence has been issued by the Minister and is in force in respect of that motor car.

(3) For the purposes of this section the date of the issue of a motor car licence shall be deemed to be the day following the anniversary of the birth of the driver immediately preceeding the actual date of the issue.

(4) Subsection (3) does not apply to a motor car licence issued prior to the coming into operation of this Act.

[Section 52 amended by 1994:13 effective 23 March 1994; and by 1997 : 30 effective 16 December 1997]

Inclusion of special conditions in certain motor car licences

53 (1) A motor car licence in respect of the use of a motor car other than a private motor car may contain such conditions as the Min ister considers necessary in the interests of safety; and the Minister may by order require any such licence as aforesaid to be delivered to him at any time for further conditions to be entered therein.

(2) Any person who uses any motor car in contravention of any condition contained as aforesaid in a motor car licence commits an of fence against this Act.

Examination of motor cars in connection with motor car licences

54 (1) Subject to subsections (7), (8) and (9), a motor car licence shall not be issued in respect of a motor car unless the motor car, at a date within such period as shall be pre scribed before the date on which the licence is to come into force, has been examined by an examiner and has been certified by the examiner to be fit for the purpose for which it is to be licensed.

(2) The Minister may before issuing a motor car licence in re spect of any motor car require the motor car to be weighed or measured at a specified time and place.

to be unfit for the purpose for which it is licensed the Minister shall order that the motor car shall not be used until the examiner is satisfied that all necessary repairs, adjustments or alterations have been made.

(4) Where there has been a change of ownership of a motor car otherwise than by reason of the death of the owner the Minister before issuing or reissuing a motor car licence in respect of the motor car, may require the new owner to produce the motor car for examination by an examiner at a specified time and place; and if on examination the motor car is found by the examiner to be unfit for the purpose for which it is to be licensed or is licensed the Minister shall refuse to issue a motor car li cence in respect of the motor car until the examiner certifies that the motor car is fit for the purpose aforesaid.

(5) In determining whether a motor car is fit or unfit for the purpose for which it is to be licensed or is licensed, the appearance and general condition of the motor car, as well as matters affecting its me chanical fitness or safety, shall be taken into consideration, and a motor car shall be deemed to be unfit for such purpose as aforesaid if its paintwork, upholstery and other parts are not in reasonably good order and condition.

(6) Unless the Minister in any particular case otherwise directs, subsection (1) shall not apply in respect of the second and fourth occasions on which a motor car, which was first registered under section 63 on or after the 1st day of January 1993, is licensed if the period for which the motor car is licensed on each such occasion is consecutive upon the period for which it was licensed on the prior occasion.

(7) The Minister may, in the case of a new motor car, other than�

(a) a motor car purchased otherwise than through a dealer; or

(b) a modified motor car,

authorize a dealer to examine the motor car.

(8) Where pursuant to subsection (7) a dealer examines a motor car and the dealer certifies�

(a) that the motor car is not a motor car purchased otherwise than through a dealer;

(b) that the motor car is new;

(d) that the motor car is fit for the purpose for which it is to be licensed,

that motor car shall be deemed to have been examined pursuant to subsection (1).

(9) In this section�

"dealer" means a dealer in motor cars ;

"modified motor car" means a private motor car the overall length of which�

(a) exceeds the length specified under this Act in relation to private motor cars; and

(b) has been modified to accord with the length so specified; and

"motor car" includes a motor cycle.

[Section 54 amended by 1994:13 effective 23 March 1994; by 1995:21 effective 29 March 1995; and by 1997 : 17 effective 2 July 1997]

Special provision for quarterly examination of public service vehicles

55 (1) Notwithstanding anything in section 54(1), every motor car licensed as a public service vehicle shall be examined by an examiner once in every successive period of six months subsequent to the date on which the motor car licence came into force.

(2) The six-monthly examinations of public service vehicles required by this section shall include examinations carried out in pur suance of section 54(1).

(3) For the purposes of this section the owner or person in charge of a public service vehicle shall apply to have it examined within the periods specified in subsection (1) and shall produce it for examina tion at such time and place as may be ordered by an examiner.

(4) Section 54(3)(a) and (b) and section 54(5) shall apply in re lation to an examination or order made or given under this section as they apply in relation to an examination or order made or given under section 54.

[Section 55 amended by 1994:13 effective 23 March 1994]

Minister may exempt cars in service of Forces from inspection

56 In the case of motor cars in the service of Her Majesty's Forces or the United States Forces, the Minister may dispense with any of the

Export certificates

58 (1) The Minister may issue to a dealer in motor cars or to any person who carries on the business of an export agent a certificate, to be called an export certificate, in respect of a particular motor car where the Minister is satisfied that that motor car has been bona fide delivered to that dealer or export agent for the purpose of its permanent removal from Bermuda.

(2) Where an export certificate is issued in respect of a motor car any motor car licence then in force in respect of the motor car shall be deemed to become void.

(3) A motor car in respect of which an export certificate is is sued shall not be used except for the purpose of driving the motor car from a place of business of the dealer or export agent to the place where it is to be embarked in Bermuda.

(4) A motor car licence shall not again be issued or reissued in respect of a car in respect of which an export certificate has been issued.

(5) Nothing in sections 15, 16, 17, 18, 19, 20 and 21 shall have effect in relation to a motor car used under the authority of an export certificate as provided in this section.

Licence duties

59 (1) Subject to this section and sections 60 and 61�

(a) licence duties in respect of motor car licences shall be payable annually at the rates specified in the Second Schedule;

(b) licence duty in respect of a trade licence shall be payable annually at the rate of $100 a year:

Provided that where a trade licence relates solely to the use of motor cycles the licence duty shall be $50.

(2) Where a motor car licence is issued in respect of any motor car, or a trade licence is issued to a dealer, or to a person operating a public garage or filling station after the first day of the licence period, the licence duty shall be reduced by one-twelfth part for each com plete cal endar month which has elapsed between the first day of the li cence pe riod and the date of the issue of the licence.

(3) The holder of any motor car licence or trade licence issued under this Act shall, on surrendering it for cancellation to the Minister, be entitled to a refund to be paid out of the Consolidated Fund of one-twelfth part of the annual duty payable on the licence for each complete calendar month of the licence period still to run:

Provided that $2.40 shall be deducted from the total amount so computed and shall not be refunded.

(4) In this section "licence period" means in relation to a motor car licence issued in respect of a motor car of any particular class, or in relation to a trade licence, the period of 12 months immediately preced ing the date prescribed for the expiration of motor car licences issued in respect of motor cars of that class or for the expiration of trade licences, as the case may be.

Exemptions for Government owned motor cars

60 No licence duty or fees shall be payable under this Part in re spect of the licensing or registration of any motor car owned by or used by or in the service of �

(a) the Governor, the Government, any Municipality, or any hospital or similar institution maintained wholly or in part out of public funds; or

(b) the Government of any Foreign State, or the Consular Representative of any Foreign State, being a Consular Representative in whose case the conditions in section 1 of the Consular Officers Customs Facilities Act 1911* (as amended by any subsequent Act) are fulfilled.

[*This Act has now been repealed and replaced by the Consular Relations Act 1971 [title 6 item 1]

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

61 No licence duty or fees shall be payable under this Part in re spect of the licensing or registration of motor cars used in the service of Her Majesty's Forces or the United States Forces being the property of Her Majesty or the United States of America, as the case may be.

Exemption for United States contractors working at Bases

62 (1) No licence duty or fees shall be payable under this Part in respect of the licensing or registration of motor cars�

(a) which are the property of a contractor employed by or on behalf of the Government of the United States of America in the construction, maintenance or operation of either of the Bases; and

(b) which are used by any such contractor solely in connec tion with the construction, maintenance or operation of either of the Bases.

(2) In this section "the Bases" has the meaning given in the United States Bases (Agreement) Act 1952 [title 7 item 41].

Exemptions in favour of physically disabled persons

62A (1) Where an application is made to him for the purpose, the Minister may, in his absolute discretion, grant�

(a) to a person with a physical disability as defined in subsection (5)(a);

(b) to a person or body that provides free of charge transportation services to a person with a physical disability as defined in subsection (5)(b);

(c) to a person who holds a licence and is registered as the owner of a purpose-built motor car, or a purpose-built public service vehicle, within the meaning of those expressions in section 10,

exemption from the payment of duty in respect of the licensing or registration of a motor car.

(2) An application made under this section shall be in such form and shall contain such particulars as the Minister may consider necessary.

(3) An exemption under this section may be granted subject to such restrictions or conditions as the Minister may think appropriate.

(4) If in any case it appears to the Minister that, having regard to the circumstances of the particular case, it is desirable in the interest of the public generally or of the person to whom or to the person or body to which an exemption has been granted to withdraw the exemption, the Minister may withdraw the ex emption unless within twenty-eight days of the receipt by the person to whom or to the person or body to which the exemption was granted cause is shown to the Minister why the exemption should not be withdrawn; and in any such case the decision of the Minister shall be final.

(5) For the purpose of this section "a person with a physical disability" means �

(a) the owner of a motor car who �

(i) satisfies the Minister that he suffers from a physical dis ability of such a nature and extent that his ability to move from one place to another within Bermuda de pends entirely upon the use of his motor car; and

(ii) is the sole driver of the car or, if not the sole driver, is the driver thereof for most of the time the car is in use; or

(b) a person who 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 a motor car.

[Section 62A amended by 1993:20 effective 7 June 1993, by 1995:31 effective 30 June 1995; and by 1997 : 31 effective 16 December 1997]

Motor car register

63 (1) The Minister shall keep a register (hereinafter in this Act referred to as "the motor car register") of all motor cars in respect of which motor car licences have been issued and of the owners of all such motor cars.

(2) Any person, on payment of the prescribed fee �

(a) may inspect the motor car register;

(b) may require to be furnished with a certificate of the reg istration in the motor car register of any motor car or in dividual or with a certified copy of an entry in the motor car register.

(3) A certificate of registration or a certified copy of an entry in the motor car register furnished under this section shall be certified un der the hand of an officer of the Department duly authorized by the Minister in that behalf and, if it purports to be so certified, shall in all le gal proceedings, whether civil or criminal, be prima facie evidence of the facts certified therein.

(4) Motor cars in respect of which a trade licence has been is sued under section 57 shall be registered in a separate register or a sep arate part of the motor car register.

(5) Motor cars in respect of which an export certificate has been issued under section 58 shall be noted accordingly in the motor car register.

Identification marks

64 The Minister shall assign a separate identification mark to every motor car registered in the motor car register and shall enter in the mo-

Prohibition of use of unregistered motor cars

65 No person shall use or cause or allow any other person to use a motor car unless the motor car and its owner are duly registered in the motor car register and unless the identification mark assigned to the motor car is fixed on the motor car in the prescribed manner.

Cancellation of registration of motor car

66 The Minister may cancel the registration in the motor car regis ter of any motor car if the Minister is satisfied that the motor car �

(a) has been destroyed;

(b) has been rendered permanently unserviceable;

(d) has not been licensed for one year.

Change of ownership of motor car

67 (1) On any change of ownership of a motor car otherwise than by reason of the death of the owner �

(a) the motor car shall not be used until the new owner is registered in the motor car register as the owner thereof; and

(b) the former owner or his authorized agent shall within seven days deliver the motor car licence to the Minister and shall inform the Minister in writing and in such form as the Minister may require of the name and ad dress of the new owner and of the date of the change of possession of the motor car.

(2) Application for the registration of a new owner of a motor car may be made before the actual transfer of the motor car, but the registration of a new owner shall not be effective until the motor car li cence has been surrendered to and reissued by the Minister.

(3) On the death of the registered owner of a motor car �

(a) the motor car shall not be used until the registration of the new owner; and

(b) the person into whose custody the motor car licence comes, shall within one month of the death deliver it to the Minister:

Provided that for one month after the death of the registered owner of the motor car it may be used without registration by a member of the household of the deceased owner, or, if the deceased owner was a part owner, by any other part owner or member of his household.

(4) On the registration of a new owner of a motor car the Min ister shall make the necessary alterations in the motor car licence if it is still in force, and shall deliver the licence as altered to the new owner.

(5) Nothing in this section shall derogate from or abridge sec tion 54(4).

(6) In this section "member of his household" means, in rela tion to the deceased owner or to the part owner of a motor car, a member of the same household as the deceased owner at the time of his death or a member of the same household as the part owner; and for the purpose of interpreting "member of the same household" section 16(14) shall ap ply.

Disposal of motor vehicles

68 (1) In this section, "motor vehicle" shall include a motor-cycle, an auxiliary bicycle and any vehicle of whatsoever description which is propelled by mechanical power, and shall be deemed to include a trailer.

(2) For the purposes of this section �

(a) the person in whose name the motor vehicle was last registered shall be deemed to be its owner; and

(b) the occupier, or, if there is no occupier, then the owner of the land on which a motor vehicle is found shall be deemed to be in possession of the motor vehicle,

until the contrary is proved to the satisfaction of the Minister.

(3) Any person who owns or is in possession of a motor vehicle for which there is not in force a valid licence to use the same shall make to the Minister, in accordance with this section, a declaration, in such form as the Minister may from time to time determine, giving a valid un-dertaking regarding the storage or disposal of the motor vehicle con cerned (hereinafter in this section called "the required declaration").

(4) The required declaration shall be made by the owner of the motor vehicle in accordance with the following�

(a) if the owner has not renewed the licence in respect of the motor vehicle, then the required declaration shall be made within thirty days after the date on which the li cence expired; or

(b) if the owner applies for the cancellation of the registra tion of the motor vehicle, then the required declaration shall be made at the same time as the application for the cancellation of the registration; or

(c) if the owner applies for the cancellation of a licence to use a motor vehicle and claims a refund of the unexpired portion of the licence duty, then the required declaration shall be made at the same time as the application for the cancellation of the licence.

(5) The person (other than the owner) in possession of a motor vehicle shall make the required declaration �

(a) within seven days after the date when the motor vehicle came into his possession; or

(b) if the motor vehicle was left on his land without his knowledge, then within seven days after the date when he became aware that the motor vehicle was on his land,

(6) Where a person acquires one or more motor vehicles from the United States Forces or any other similar source, he shall within a period of thirty days after the date of the acquisition of the vehicles re port such acquisition to the Minister, and he shall not, after the date of such report, use, store or dispose of such motor vehicles except with the prior approval of the Minister.

(7) No undertaking given in the required declaration shall be valid unless and until the method of storage or disposal set out in the declaration has been approved by the Minister.

(8) Where the owner or the person in possession of a motor ve hicle has failed to make the required declaration or has failed to comply with the terms of the undertaking contained in the required declaration, he commits an offence against this Act; and in any such case, the Min ister may take such action as he may think expedient for the removal and storage or disposal of the motor vehicle, and he shall be entitled to claim from the owner or person in possession a sum not exceeding $250 for the cost of such removal and storage or disposal:

Provided that no claim shall lie against the Minister in respect of such removal, storage or disposal done in good faith.

(9) Nothing in this section shall abridge or derogate from the Amenities (Control of Ruinous Structures) Act 1950 [title 20 item 8].

Furnishing of information

69 (1) The Minister or any other person to whom application is made for anything to be done under this Part may require any state ments made in the application to be verified.

(2) The registered owner of a motor car �

(a) shall, whenever so required by the Minister, furnish the Minister in writing, and in such form as the Minister may direct, with any information which the Minister may consider necessary for the purpose of verifying the en tries in the motor car register relating to the motor car;

(b) shall immediately inform the Minister of any circum stance or event which affects the accuracy of any entry in the motor car register relating to the motor car.

Lost licences

70 The Minister, on proof to his satisfaction that a motor car li cence, a trade licence, or an export certificate has been lost or destroyed, and on payment of the prescribed fee, shall issue a duplicate of the lost licence or certificate to the person entitled thereto:

Provided that �

(a) if any such licence or certificate as aforesaid has been lost and is subsequently found, the holder of the dupli cate shall forthwith deliver up to the Minister the dupli cate; and any person knowingly retaining or having in his possession both an original and duplicate of any such licence or certificate as aforesaid commits an of fence against this Act;

(b) any conditions contained in the original of any such li-cence or certificate as aforesaid shall be entered upon the duplicate thereof and if any further conditions are entered in the duplicate, then those conditions shall be entered in the original when the duplicate is returned for cancellation.

Record of licences

71 The Minister shall keep a record of all motor car licences, trade licences and export certificates issued by him and of all conditions en tered therein.

Regulations in connection with Part IV

72 Provision may be made by regulations made under this Act�

(a) concerning the licensing and registration of motor cars;

(b) concerning trade licences and export certificates;

(c) for prescribing identification marks and plates and their position and dimensions, and for prescribing the charges that may be made by the Minister for the issue and re placement of plates.

Authorization of movement of unlicensed motor cars

73 (1) Notwithstanding anything in the foregoing provisions of this Part the Minister shall have power, where he considers it expedient and convenient to do so, to issue a permit so as to authorize the movement of an unlicensed motor car, subject to such conditions as the Minister may think proper to impose.

(2) Any motor car shall, while being moved under the authority of a permit issued under this section, and in conformity with any condi tions imposed in connection therewith, be treated for the purposes of this or any other Act as if a valid motor car licence were in force in re spect of that motor car.

PART V
DRIVERS' LICENCES

Drivers' licences

74 (1) Subject to this section, a person shall not drive any motor car unless he holds a valid driver's licence and a person shall not cause or allow another person to drive any motor car unless that other person holds such a licence.

(2) Notwithstanding anything in subsection (1) a person who does not hold a valid driver's licence may, subject to any regulations, drive a motor car, except a public service vehicle carrying passengers �

(a) while he is being taught to drive by a person who holds a valid driver's licence and who (except in the case of a person who is being taught to drive a motorcycle) is sit ting next to him in the motor car:

Provided that a person shall not drive a motor car as aforesaid unless �

(i) he holds a learner's permit issued under section 79; or

(ii) he holds a driver's licence valid for another class of motor car; or

(b) while he is undergoing a driving examination under the supervision of an examiner for the purpose of testing his competence to drive; or

(c) while he is driving a motor car which is the subject of a permit granted by the Minister under section 10(2)(c) and he is of a class of persons specified in such permit as permitted to drive such vehicle.

(3) In this section "valid driver's licence", in relation to the driving of a particular motor car, means valid for the driving of a motor car of the class to which the particular motor car belongs.

(4) This section shall extend to the driving of a motor car on an estate road.

Drivers' licences to bear photograph of holder

75 (1) Subject to this section, every driver's licence issued or re newed in pursuance of this Part shall be in such form as the Minister may determine and shall bear on the face thereof a photograph of the holder of the licence.

(2) In respect of a person whose driver's licence expires while he is temporarily resident outside Bermuda the Minister may issue an interim licence for a period not exceeding 12 months and such interim li cence need not bear a photograph of the holder of the licence.

(3) A person to whom an interim licence is issued under sub section (2) shall, on his return to Bermuda, surrender his interim licence to the Minister and the Minister shall exchange such licence for a licence in the form prescribed by subsection (1).

(4) An interim licence issued under subsection (2) shall not be a valid driver's licence for the purposes of section 74(1).

Issue of drivers' licences

76 (1) Subject to this Part, a driver's licence shall be issued by the Minister to an applicant therefor �

(a) who passes a driving examination to the satisfaction of an examiner and receives from the examiner a
certificate of competence; and

(b) who pays the prescribed fees for the examination and the driver's licence.

(2) In connection with the issue of driver's licences motor cars shall be classified as follows �

Class (a) self-propelled constructional machines;

Class (b) heavy trucks, tank wagons of whatever specifi cations, fire-fighting vehicles and ambulances;

Class (c) intermediate, light and private light trucks;

Class (d) tractors;

Class (e) omnibuses;

Class (f) airport limousines;

Class (g) motor taxis;

Class (h) private motor cars;

Class (i) motor cycles;

Class (j) tractor trailers; and for the purpose of this Part "tractor trailer" has the meaning given in section 43(6)(b).

Class (k) community service vehicles.

(3) A driver's licence valid for the driving of an omnibus shall not have specified therein that it is valid for the driving of a motor taxi; and vice versa.

(4) A driver's licence shall be valid only for the class or classes of motor car specified therein:

Provided that �

(a) a driver's licence which is valid for the driving of a heavy truck shall also be valid for the driving of a motor car, the use of which is authorized under section 10(2);

(b) a driver's licence shall not be deemed to be valid for the driving of a particular self-propelled constructional ma chine unless the type and description of that machine is specified therein;

(c) a person who is engaged or employed in the operation of a business in respect of which a trade licence has been issued, or of a business authorized by the Minister to engage in the repair of taximeters, may, in connection with the operation of such business, and subject to his holding a valid licence to drive a motor car classified un der class (b) or class (h) of subsection (2), lawfully drive any motor taxi or airport limousine in order to move it to any place for the purpose of testing, repairing or servic ing it, or its taximeter as the case may be, or in order to move it to any place appointed by the owner af ter the carrying out of any such testing, repairing or ser vicing as aforesaid.

(5) In this section "heavy truck", "intermediate truck" and "light truck" have the meanings given in section 40(7).

Driving instructors

77 (1) No person shall act as a driving instructor for gain or re ward unless he is in possession of a driving instructor's licence issued by the Minister.

(2) The Minister may make regulations providing for �

(a) the qualifications to be held by driving instructors;

(b) the examination of applicants for a driving instructor's licence;

(d) the issue and revocation of such licences; and

(e) any other matter incidental to the licensing of driving in structors,

Driving examinations

78 An examination by an examiner to assess the competence of a person to drive a motor car shall include such tests as may be prescribed in relation to the class of motor car or (in special cases), to the particular motor car which the person desires to drive, or, if tests are not pre scribed, such tests as the examiner may think desirable, having regard to the class of motor car or the particular motor car which the person desires to drive or to any disability of the person being tested:

Provided that �

(a) Government motor cars (not being omnibuses or motor cycles) that are passenger motor cars within the mean ing of section 12 shall be classed as private motor cars; and

(b) a passenger motor car within the meaning of section 12, owned by and used in the service of the Governor shall, notwithstanding its specifications, be classed as a pri vate motor car;

(c) a driver's licence which is valid for the driving of a heavy truck shall also be valid for the driving of a motor car the use of which is authorized under section 10(2).

Issue of learner's permit

79 Subject to section 80, a learner's permit shall be issued by the Minister to an applicant therefor.

General restrictions on issue of drivers' licences

80 Subject to sections 81 and 82, a driver's licence or a learner's permit shall not be issued �

(a) to any person who is under the age of eighteen years; or

(b) to any person who does not produce a certificate of physical fitness in the prescribed form; or

(c) to any person who, being a visitor to Bermuda within the meaning of section 84, is not entitled by virtue of section 84 to have issued to him a driver's licence or a learner's permit; or

(d) to any person who is disqualified for obtaining a driver's licence or a learner's permit.

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

81 A driver's licence valid for the driving of a public service vehicle, a heavy truck or a self-propelled constructional machine or a community ser vice vehicle shall not be is sued to a person under the age of twenty-one years.

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

82 (1) Where a person applies for the issue or renewal of a driver's licence to drive a public service vehicle or a community service vehicle, the Board shall make due enquiry with regard to his character and to his record as a driver; and where it appears to the Board �

(a) that the applicant is not of good character; or

(b) that the applicant �

(i) has been convicted at any time of manslaughter, where the offence occurred by reason of the driving by him of any vehicle; or

(ii) has been convicted of any offence involving obli gatory disqualification under the Traffic Offences (Penalties) Act 1976 [title 21 item 13],

then the Board, if they consider that it is desirable in the interest of per sons carried in public service vehicles or a community service vehicles that he should not drive or be in charge thereof, may refuse to issue to him a driver's licence or, as the case may be, to renew a driver's licence, valid for the driving of a public service vehicle or a community service vehicle; and in any such case shall by notice cause him to be informed of their decision:

Provided that nothing in paragraph (a) shall have effect in rela tion to the issue of a driver's licence valid for the driving of an omnibus to a person employed by the Government as an omnibus driver.

(2) Where a person is aggrieved by a decision of the Board to refuse to issue him with a driver's licence valid for the driving of a public service vehicle or a community service vehicle he may have the matter remitted to a court of summary jurisdiction in the manner provided, and subject to the conditions set out in, section 116.

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

83 (1) Where a person applies for the issue or renewal of a driver's licence to drive a heavy truck or tank wagon, the Minister shall make due enquiry with regard to his record as a driver; and where it appears to the Minister that the applicant �

(i) has been convicted at any time of manslaughter, where the offence occurred by reason of the driving by him of any vehicle; or

(ii) has been convicted at any time of an offence contrary to section 35 or section 36 of the Road

Traffic Act 1947 [title 21 item 3]; or

(iii) has twice been convicted, during the period of two years last preceding the date of his applica tion, of an offence contrary to section 7 or sec tion 37 of the Road Traffic Act 1947 [title 21 item 3],

the Minister may refuse to issue to him a driver's licence, or, as the case may be, to renew a driver's licence, valid for the driving of a heavy truck or tank wagon; and shall by notice cause him to be informed of his deci sion.

(2) Where a person is aggrieved by a decision of the Minister to refuse to issue him with a driver's licence, or, as the case may be, to re new any such licence, valid for the driving of a heavy truck or tank wagon, he may have the matter remitted to a court of summary jurisdic tion in the manner provided and subject to the conditions set out in sec tion 116.

Special provisions concerning issue of drivers' licences and learners' permits to visitors

84 (1) Where a person who is a visitor to Bermuda applies for the issue of a driver's licence or for the issue of a learner's permit the Minis ter shall, if the visitor is otherwise eligible for the grant of a driver's li cence or learner's permit, issue a licence or permit to the visitor if the Minister is satisfied �

(a) that the visitor has been present in Bermuda for a period of at least thirty days immediately preceding the date on which he applied for the licence or permit; or

(b) that the visitor intends to remain in Bermuda continu ously for a period of at least thirty days immediately succeeding the date on which he applied for the licence or permit.

(2) In this section �

(a) "visitor" does not include a person �

(i) who owns and maintains for his own use and occupation a dwelling-house in Bermuda; or

(ii) who is a member of the family of such a person as aforesaid and who is an occupant of the same dwelling-house; or

(iii) who, being a member of Her Majesty's Forces or of the United States Forces, is in Bermuda on duty otherwise than in transit from one place outside Bermuda to another place outside Bermuda; and

(b) "member of the family" in relation to the owner of a dwelling- house means a person who is�

(i) related to the owner or to his spouse in a nearer degree than the degree of first cousin; or

(ii) the spouse of the owner or of any person to whom sub-paragraph (i) refers.

Production of driver's licence

85 (1) A person driving, or for the time being in charge of, a motor car on any road shall carry with him his driver's licence and shall pro duce his licence for inspection when so required by a police officer or by a traffic officer.

(2) Any person who fails or refuses to produce his driver's li cence when so required under subsection (1) commits an offence.

(3) It shall be a defence to a charge of an offence under sub section (2) if the person on whom the requirement is imposed under sub section (1) proves that he produced his driver's licence at a police station within twenty-four hours after the time of the requirement.

(4) In this section "driver's licence" includes a learner's permit.

Duration and renewal of drivers' licences

86 (1) Subject to the subsections (1A) to (5) and the provisions of this Part, unless suspended or cancelled under any Act�

(a) a driver's licence issued to a person who was at the time of such issue eighteen years of age or over�

(i) shall remain in force for the period of ten years next succeeding the date of the issue of the licence; and

(ii) may be renewed every ten years without the applicant for renewal being required to pass a further driving examination and to obtain a further certificate of competence, or to produce a certificate of physical fitness as is required by the provisions of section 80; and

(b) a driver's licence issued to a person who was at the time of such issue sixty-five years of age or over shall remain
in force for a period of five years next succeeding the date of the issue of the licence and may be renewed for another period of five years;

(c) a driver's licence issued to a person who was at the time of such issue seventy-five years of age or over shall remain in force for a period of two years next succeeding the date of the issue of the licence;

(d) a driver's licence valid for the driving of a public service vehicle, heavy truck, tractor trailer, tank wagon, community service vehicle or a self-propelled constructional machine shall remain in force for a period of three years next succeeding the date of the issue of the licence; and

(e) a driver's licence issued to a person who was at the time of such issue a visitor to these Islands within the meaning of section 84, shall remain in force�

(i) for the period of six months next succeeding the date of issue of the licence; or

(ii) for the period which ends upon his next departure from these Islands after the issue of the licence,

whichever is the longer period; so, however, that where the period mentioned in sub-paragraph (ii) exceeds three years the succeeding provisions of this section shall have effect notwithstanding that such a person is a visitor to these Islands.

(1A) Where, but for this subsection, a driver's licence�

(a) issued to a person under subsection (1)(a)(i); or

(b) renewed under subsection (1)(a)(ii),

would remain in force after that person attains sixty-five years of age, then, notwithstanding the provisions of subsection (1)(a), that driver's licence shall remain in force until that person attains sixty-five years of age, and no longer.

(1B) Where, but for this subsection, a driver's licence issued to a person, or renewed, under subsection (1)(b), would remain in force after that person attains seventy-five years of age, then, notwithstanding subsection (1)(b), that driver's licence shall remain in force until that person attains seventy-five years of age, and no longer.

(1C) Subsections (1), (1A) and (1B) do not apply to a driver's licence issued prior to the coming into operation of this Act.

(2) Notwithstanding anything in subsection (1) the Minister �

(i) may refuse to renew a driver's licence unless the applicant for the renewal has passed an eye-sight test;

(ii) may, and in the case of a person over the age of seventy-five years, shall refuse to renew a driver's licence unless the applicant for the re newal passes a further driving examination and obtains a further certificate of competence.

(3) Notwithstanding anything in subsection (1) �

(a) where there has been issued to a person a driver's li cence valid for the driving of a public service vehicle; or

(b) where a driver's licence has been issued to a person who at the date of the issue of the licence had attained the age of sixty-five years or who since that date has at tained the age of sixty-five years,

then in either such case at the end of the period for which the licence is issued or renewed, the licence shall not be renewed unless �

(i) in the case of a licence valid for the driving of a public service vehicle, the holder of the licence, if required to do so by the Minister, submits himself to a further driving examination and obtains a further certificate of competence; or

(ii) in the case of a person who has attained the age of sixty-five years, the holder of the licence sub mits himself to a further driving examination and obtains a further certificate of competence,

and in each case produces the like certificate of physical fitness as is re quired by section 80.

(4) For the purposes of this section the date of the issue of a driver's licence shall be deemed to be the day following the anniversary of the birth of the driver immediately preceding the actual date of issue.

(5) In calculating the fee payable for a driver's licence a pro portionate allowance will be made to the driver in respect of any period before the actual date of issue by reason of the operation of subsection (4), a part of a month being treated as a whole month for the purpose of making such calculation.

or permit, and shall in such case inform the holder of the licence or permit of the reason therefor.

(2) Where the Minister suspends a licence or permit as afore said then, unless there is produced to the Minister within four weeks from the date of such order a certificate, in such form as the Minister may require, given by a registered medical practitioner that he has since the date of the order examined the holder of the licence or permit and has as a result of the examination found that the holder has neither a disability as aforesaid nor any other disability which is likely to prevent him from driving in a safe and proper manner the class of motor car or the particular motor car which he was permitted to drive by virtue of the licence or permit of which he was the holder, then the Minister shall or der the licence or permit to be produced to him and shall cancel it.

(3) Where within the period of four weeks mentioned in sub section (2), a certificate as aforesaid is duly produced then subject to section 89, the suspension imposed by the Minister under subsection (1) shall be deemed to be terminated seven days from the date of the pro duction of the certificate, without prejudice to any power of the Minister under subsection (1) again to suspend the driver's licence or learner's permit in question.

Examination by medical reference committee

89 (1) For the purposes of this Act there shall be established a body of medical referees, to be called the medical reference committee, which shall have the powers and discharge the duties conferred or im posed on the medical reference committee by or under this Part; and the Third Schedule shall have effect concerning the constitution and proce dure of the medical reference committee and to the remuneration of medical referees.

(2) Notwithstanding anything in section 88, the Minister�

(a) at any time within five weeks of the date of an order made under section 88(1); or

(b) where a certificate of a registered medical practitioner is duly produced to the Minister in accordance with section 88(2), then within seven days of the date on which the certificate is so produced, whichever is the earlier date,

may, by notice in writing to the holder of the driver's licence or learner's permit in respect of which an order was made under section 88(1), re quire him, as a condition precedent to the termination of the suspension of the licence or permit imposed under section 88(1), to submit himself to the medical reference committee for medical examination.

(3) Where notice is duly given by the Minister under subsection (2) the Minister shall forthwith transmit a copy of the notice to the Chairman of the medical reference committee, who shall arrange for the holder of the driver's licence or learner's permit suspended as aforesaid to be given the opportunity of being medically examined by the commit tee as soon as may be; and, if the holder duly submits himself to the committed for medical examination, then the Chairman shall as soon as may be after the completion of the examination furnish to the Minister and to the person so examined a report of the findings of the committee.

(4) Where a case is duly referred by the Minister to the medical reference committee under the foregoing provisions of this section, then, notwithstanding anything in section 88(3), the suspension of the driver's licence or learner's permit held by the person to be medically examined shall continue in effect until a report of the findings of the medical refer ence committee is furnished to the Minister in accordance with subsec tion (3), or until the holder of the licence or permit either declines an op portunity of being examined by the medical reference committee or fails without reasonable excuse to attend before the committee for medical examination, whichever is the earlier occurrence.

(5) Where �

(a) the holder of driver's licence or learner's permit declines an opportunity of being medically examined as aforesaid, or fails without reasonable excuse to attend before the medical reference committee for medical examination; or

(b) as a result of a medical examination carried out by the medical reference committee a report is furnished by the committee to the Minister to the effect that the holder of the licence or permit suffers, in the opinion of the com mittee, from a disability which is likely to prevent him from driving in a safe and proper manner the class of motor car or the particular motor car which he was per mitted to drive by virtue of the licence or permit of which he was the holder,

the Minister shall order the licence or permit to be produced to him and shall cancel it.

(6) Where, as a result of a medical examination carried out by

the medical reference committee, a report is furnished by the committee to the Minister to the effect that the holder of the licence or permit does not, in the opinion of the committee, suffer from any disability which is likely to prevent him from driving in a safe and proper manner the class of motor car or the particular motor car which he was permitted to drive by virtue of the licence or permit of which he is the holder, the suspen sion imposed by the Minister under section 88(1) shall be deemed to be terminated, without prejudice to any power of the Minister under section 88(1) again to suspend the driver's licence or learner's permit in ques tion.

Cancellation of licence to drive public service vehicle

90 (1) Where it is made to appear to the Board that a person holding a driver's licence valid for the driving of a public service vehicle, but not being a person employed by the Government as an omnibus driver �

(a) has been convicted of any offence involving dishonesty; or

(b) having been convicted of any offence involving an ele ment of assault, has been sentenced to a term of impris onment otherwise than only in default of payment of a fine or of entering into a recognizance or has been sen tenced to a term of preventive detention; or

(c) has behaved in an offensive manner, while in charge of a public service vehicle and whether in a public place or not, to or in the hearing of any person who at the time of or immediately before the offensive behaviour was or was intending to be a passenger in the vehicle or was making reasonable enquiries of the person in charge of the vehi cle or (where the vehicle was a motor taxi) was negotiat ing for the hire of the vehicle; or

(d) in the case of a taxi driver, has persistently disregarded the provisions of regulations concerning his conduct and obligations as a carrier; or

(e) has otherwise behaved in such a manner that it is desir able that his licence to drive a public service vehicle be cancelled,

the Board may, if they consider that in the public interest he should not be allowed to drive a public service vehicle, by order cancel his licence in so far as it authorizes him to drive a public service vehicle, and may or der that he be disqualified for driving a public service vehicle; and shall by notice inform him accordingly.

(2) Where it is made to appear to the Minister that a person holding a driver's licence valid for the driving of a heavy truck or tank wagon has been convicted of any offence connected with the driving of any motor car, then if the record as a driver of the holder of the licence is such that it would have entitled the Minister to refuse to issue, or, as the case may be, to renew any such licence under section 83, then the Min ister may by order cancel his licence in so far as it authorizes him to drive a heavy truck or tank wagon, and may order that he be disqualified for driving a heavy truck or tank wagon; and shall by notice inform him accordingly.

(2A) Before making an order under subsection (1) cancelling a driver's licence valid for the driving of a public service vehicle, the Board shall afford the holder of the licence an opportunity to be heard and make representations with respect thereto, and the Board shall cause a proper record of the proceedings had before it to be kept in writing in such form as the Minister may direct.

(3) Any person who is aggrieved by an order of the Minister or the Board made under subsections (1) and (2) may, in the manner pro vided by and subject to section 116, have the matter remitted to a court of summary jurisdiction:

Provided that where application is duly made for the matter to be remitted to a court the cancellation of the licence and the disqualification as aforesaid shall not be deemed to have effect unless and until the court confirms the order of the Minister or the Board.

(4) Where an order is made by the Minister or the Board as aforesaid the Minister or the Board may order the holder of the licence to produce the licence to the Minister or the Board, and the Minister or the Board may cause the substance of the order to be noted on the licence.

(5) A person whose driver's licence has been invalidated by an order as aforesaid �

(a) in a case such as referred to in subsection (1)(a) or (b), at any time after the expiration of 12 months from the date on which invalidation had effect;

(b) in a case such as referred to in subsection (1)(c), (d) or (e), at any time after the expiration of one month from the date on which the invalidation had effect,

may apply to the Board for the revocation of the order; and on any such

application the Board, after taking into considera tion the conduct of the applicant subsequent to the making of the order and the other circum stances con nected with the case, may, if they think fit, revoke the order; and on such a revocation the Board shall cause the revocation to be noted on the licence.

(6) Where an order is revoked by the Board as aforesaid then without prejudice to any power of a court or of the Board under this or any other Act in relation to the suspension or cancellation of driver's li cences �

(a) the licence shall be as valid for the driving of a public service vehicle as it was before the order was made; and

(b) the person concerned shall no longer be disqualified for the driving of a public service vehicle:

Provided that nothing in this subsection shall derogate from any power of the Board, on the expiration of the period for which the licence was issued, to refuse to renew the licence (in so far as it authorized the driving of a public service vehicle) or to refuse to issue a new licence valid for the driving of a public service vehicle.

(7) Any person who is aggrieved by a decision of the Board to refuse to revoke an order under subsection (5) may, in the manner pro vided by and subject to section 116, apply to have the matter remitted to a court of summary jurisdiction.

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

91 (1) No fees shall be payable under this Part for certificates of competence or drivers' licences or learners' permits issued to persons who are members of Her Majesty's Forces or the United States Forces in respect of the driving of motor cars which are, as the case may be, used in the service of Her Majesty's Forces or the United States Forces.

(2) In the case of drivers of motor cars which are in the service of Her Majesty's Forces or the United States Forces, being drivers who are members of Her Majesty's Forces or the United States Forces as the case may be, the Minister may dispense with any requirement imposed by or under this Part concerning the qualifications of applicants for drivers' licences or learners' permits if the Minister is satisfied that it is unnecessary that the requirement should be fulfilled.

Exemption for police officers

92 No fees shall be payable under this Part for a certificate of com petence or a driver's licence or learner's permit issued to a police officer in respect of the driving of motor cars used in the service of the Police Service.

[section 92 amended by 1997 : 37 effective by notice in Official Gazette]

Furnishing of information regarding drivers' licences, etc

93 The Minister, the Board or any other person to whom application is made for anything to be done under this Part may require any state ments made in the application to be verified.

Duplicates of lost drivers' licences

94 The Minister or the Board, on proof to their satisfaction that a driver's licence or a learner's permit has been lost of destroyed, and on payment of the prescribed fee, shall issue a duplicate of the lost licence to the person entitled thereto:

Provided that �

(a) if any such licence or permit as aforesaid has been lost and is subsequently found, the holder of the duplicate shall forthwith deliver up to the Minister or the Board the duplicate, and any person knowingly retaining or having in his possession both an original and duplicate of any such licence or permit as aforesaid commits an offence against this Act;

(b) any endorsement or note made upon the original of any such licence or permit as aforesaid shall, subject to this Act, be entered upon the duplicate thereof and if any endorsement or note is made upon a duplicate, that en dorsement or note shall be entered upon the original when the duplicate is returned for cancellation.

Record of drivers' licences

95 The Minister shall keep a record of all drivers' licences and learners' permits issued by him and of all endorsements and notes made thereon as to qualifications, suspensions, cancellations, convictions or any other matter.

Regulations

96 Provision may be made by regulations made under this Act�

(a) for prescribing conditions and tests in connection with the issue of certificates of competence and drivers' li cences;

(b) for prescribing the particulars to be furnished to the Minister by persons applying for the issue of drivers' li cences and learners' permits;

(c) concerning the insertion of special conditions in drivers' licences and learners' permits issued to persons suffer ing from any disability;

(d) concerning the notification by holders of drivers' licences or learners' permits of any physical or mental disability;

(e) for prescribing the form of certificates of physical fitness required to be produced to the Minister.

PART VI
PUBLIC GARAGES

Saving for other Acts

97 Nothing in this Part shall affect or derogate from the Department of Works and Engineering Act 1984 [title 19 item 1], or the Development and Planning Act 1974 [title 20 item 1], or any development plan made thereunder, or any Municipal Ordinance made under the Municipalities Act 1923 [title 4 item 1], or any regulations made under the Marine Board Act 1962 [title 22 item 3].

Powers of Minister in relation to public garages

98 The Minister shall have the general supervision of public garages as respects their efficiency of operation in relation to the repairing and servicing of motor cars, and to the keeping or storage of motor cars.

Control of use of public garages

99 (1) No person shall use, or cause or allow to be used, as a pub lic garage any premises except under the authority of and in accordance with the terms of a licence granted by the Minister.

(2) The Minister may refuse to grant a licence as aforesaid on the ground that the premises themselves, or by reason of their situation or use �

(a) would be likely to entail risk or serious inconvenience to vehicular traffic on adjacent or nearby highways or es tate roads; or

(b) would be likely to prejudice the safety or health of per sons using the premises or working thereon, or using the approaches thereto.

Examination and registration of motor car mechanics

100 (1) The Minister shall cause examinations and tests to be held from time to time for the determination of the qualifications of persons as motor car and cycle mechanics, at which any persons may present themselves for examination and testing.

(2) The Minister shall maintain a register of persons employed as motor car and cycle mechanics who have been examined and tested as aforesaid and who exhibit a standard of proficiency satisfactory to the Minister.

Regulations in connection with the operation of public service vehi cles

101 Provision may be made by regulations made under this Act�

(a) for providing for the licensing of public garages;

(b) for prohibiting or restricting the operation in public garages of any business not connected with the repair and servicing of motor cars;

(c) for prescribing measures and equipment for promoting the safety of persons and property on or in the vicinity of the premises of public garages;

(d) for prescribing technical qualifications or tests for per sons employed as motor car and cycle mechanics in public garages;

(e) for prescribing the proportion of motor car and cycle me chanics registered under this Part to other persons em ployed as motor car mechanics in a public garage which must be maintained in the public garage;

(f) for requiring persons engaged in the business of repair ing motor cars to report to the Minister with particulars any case where defects in or damage to a motor car brought to them for repair are such as to render the motor car unfit for use.

PART VII
REGULATIONS, SUPPLEMENTAL POWERS, LEGAL PROCEEDINGS
AND MISCELLANEOUS PROVISIONS

Power of Minister generally to make regulations

102 (1) Subject to this Part, the Minister may make regulations generally �

(a) for administering this Act and for giving effect to its ob jects and intentions;

(b) for the control and regulation of the use of motor cars and trailers or any class of motor car;

(2) Regulations made under this Act may be made so as to ex tend to the use of motor cars or trailers on an estate road, a naval or military road or a United States road; and, as respects regulations made in connection with the use of public service vehicles, may be made so as to extend to the use of public service vehicles in any place whatsoever.

(3) [omitted]

(4) [omitted]

Power of Minister to make regulations concerning particular matters

103 Without prejudice to the generality of the power conferred on the Minister by section 102(1), and subject as therein mentioned, and with out prejudice to the powers conferred by any of the foregoing provisions of this Act, the Minister may make regulations �

(a) concerning the forms to be used and the particulars to be given for any of the purposes of this Act;

(b) for regulating the procedure to be observed in connec tion with the hearing of applications for permits and in connection with other matters that fall to be decided by the Minister or the Board under this Act;

(c) for regulating the procedure to be observed in connec tion with appeals to the Minister or the Board against decisions of officers of the Department exercising func tions delegated to them by the Minister or the Board un der section 8;

(d) concerning any matter or thing which by or under this Act may be or is to be prescribed by regulations.

Parliamentary scrutiny of regulations

104 (1) [deleted as spent 1977:35]

(2) The negative resolution procedure shall apply to regulations made under this Act.

Notices to be in writing

105 All notices, orders and other documents authorized or required by or under this Act or by or under regulations made thereunder to be given, made or issued by the Minister or Board, and all notices and ap plications authorized or required by or under this Act or by or under any such regulations to be given or made to the Minister, the Board or to any officer of the Department shall be in writing.

Authentication of documents

106 (1) Any notice, order or other document which the Minister or the Board are authorized or required by or under this Act, or by or under any regulations made thereunder, to give, make or issue may be signed on behalf of the Minister or the Board by any officer of the Department authorized by the Minister or the Board in writing to sign documents of the particular kind or, as the case may be, the particular document.

(2) Any document purporting to bear the signature of an officer expressed to be duly authorized by the Minister or the Board to sign such a document or that particular document, shall, for the purposes of this Act, and of any regulations made thereunder, be deemed, until the contrary is proved, to have been duly given, made or issued by or under the authority of the Minister or the Board.

Service of notices, orders, etc

107 Any notice, order or other document which is required or autho rized by or under this Act to be given to or served upon any person may be given or served �

(a) by delivering it to that person;

(b) by leaving it, or by sending it in a prepaid letter ad dressed to that person, at that person's usual or last known residence;

(c) in the case of a corporate body or other body of persons, by delivering it to the secretary or clerk thereof at their

registered or principal office, or by sending it in a pre paid letter addressed to the secretary or clerk at that of fice.

Notification of right to have certain matters remitted to a court

108 Where in respect of an order or other decision of the Minister or the Board the matter may be remitted to a court of summary jurisdiction, the document notifying the person concerned of the decision of the Min ister or the Board in the matter shall also notify the person that he has the right to have the matter remitted to a court and shall also notify the time within which he must lodge an application to have the matter so remitted as provided in section 116.

Effect of orders of Minister or Board

109 Except as otherwise provided by this Act, any prohibition, re striction or condition made or imposed by way of notice, order or other document given to any person shall not be effective until the notice, or der or other document is given to or served upon that person in the ap propriate manner under section 108.

Interpretation for purposes of Part VI

110 In sections 112, 113, 114 and 119 "road" means a highway, an estate road and a naval or military road, but (unless otherwise expressly provided) does not include a United States road.

Obligation to stop motor car at request of police officer

111 (1) The driver of a motor car shall, when requested to do so by a police officer in uniform or by a traffic officer in uniform, or when a po lice officer in uniform or a traffic officer in uniform signals him to do so, immediately bring the motor car to a stop and keep it stationary until the police officer or, as the case may be, the traffic officer allows him to pro ceed.

(2) A police officer or a traffic officer may give a signal to stop a motor car by raising his hand, or by waving from side to side a red light.

Giving of name and address and production of licence

112 (1) A person driving a motor car on any road, or for the time being in charge of a motor car on any road, shall give his name and ad dress when so required by a police officer or a traffic officer.

(2) A person driving a motor car on any road or for the time being in charge of a motor car on any road shall produce the motor car licence issued in respect of the motor car, when so required by a police officer or by a traffic officer:

Provided that it shall be a sufficient compliance with any re quirement by a police or a traffic officer under this subsection if the per son on whom the requirement is imposed produces the motor car licence at a police station within seven days after the time of the requirement.

Powers of police officer where motor car or equipment is defective

113 (1) If a police officer or a traffic officer has reasonable cause to believe that any motor car which is being used on a road or any equip ment or any part thereof required to be fitted to or carried in the motor car, is unfit for the purpose for which it is being used, or any windscreen or window thereof has affixed to it tinted film, sunshading material or other coloured material that does not comply with the requirements imposed by law, he may order the driver to stop the motor car and may thereupon inspect the motor car, its equipment, windscreen or window.

(2) Where, as a result of an inspection as aforesaid, it appears to the police officer or traffic officer that the use of the motor car on a road �

(a) is likely to cause injury or damage to persons or prop erty; or

(b) is likely to be objectionable to road users or to persons in its vicinity by reason of noise, vibration, smoke or smell; or

by reason of the condition or appearance of the motor car or of any part thereof or of the condition of any equipment or part thereof, then�

(d) in the case where only the windscreen or the window of a motor car has affixed to it coloured material and the police officer or the traffic officer, is a qualified examiner, the police officer or the traffic officer may forthwith examine the windscreen and the window and measure the percent of visual transmission for light; or

(e) in any other case, the police officer or the traffic officer may forthwith cause the motor car to be taken in the condition or appearance in which he found it to an examiner or a qualified examiner, or may cause the motor car to be detained in that condition or appearance until it can be examined by the examiner or the qualified examiner.

(3) Where a motor car is to be examined by an examiner or a

has been committed, he or any other police officer or traffic officer may require the owner of the motor car to give all information in his posses sion as to the name, address, description, antecedents and whereabouts of the driver and of the occupants of the motor car at the time of the al leged offence and also any information in his possession which may lead to the identification or apprehension of the offender.

Power of arrest

115 Without prejudice to any provision of any Act authorizing arrest without warrant, a police officer or traffic officer may arrest without war rant the driver of a motor car whom the police officer or traffic officer has reason to suspect of having committed an offence against this Act if the driver, on being requested to do so by the police officer or traffic officer, refuses to give his name and address.

Remission of matter to court and appeals arising therefrom

116 (1) Where any person who is entitled, under this Act, to have remitted to a court of summary jurisdiction any matter involving a deci sion or order of the Minister or the Board by which he is aggrieved de sires so to remit the matter�

(a) the person desiring so to remit the matter, (hereinafter in this section referred to as "the applicant") must, within ten days after he has been notified of the decision or order, lodge an application in writing with the Minis ter or the Board setting out the grounds on which he is aggrieved; and when the applicant lodges the application with the Minister or the Board he shall deposit with the Minister or the Board the sum of $24;

(b) the Minister or the Board, on receiving an application as aforesaid shall forthwith transmit the application to gether with the record of the proceedings, if any, before the Board kept under section 90(2A) to the Senior Mag istrate, who shall make the necessary arrangements for the matter to be heard by a court of summary jurisdic tion and shall cause the applicant and the Minister or the Board to be notified of the day on which the court will hear the matter;

(c) the court, after taking into account the record of the proceedings, if any, kept under section 90(2A) and after hearing such additional evidence as with the leave of the court the Minister or the Board, as the case may be, may call in support of, or the applicant may call against, the decision or order, either confirm or reverse the decision or order of the Minister or the Board, and shall inform the applicant and the Minister or the Board accordingly;

(d) if the court confirms the decision or order of the Minister or the Board the sum of $24 deposited by the applicant shall be forfeited to Her Majesty and shall be paid into the Consolidated Fund, but if the court reverses the de cision or order of the Minister or the Board such sum shall be repaid to the applicant.

(2) Where any person applies to have a matter remitted to a court as aforesaid, then the decision or order of the Minister or the Board in respect of which the application was made shall, except as otherwise expressly provided, remain in full force and effect pending the determi nation of the matter by the court; and any contravention thereof or fail ure to comply therewith shall be punishable, and shall give rise to the same liability, as if no application had been made for the matter to be remitted to a court.

(3) A court of summary jurisdiction to which any matter is re mitted as aforesaid shall have the like power with respect to compelling the attendance of witnesses, and otherwise in respect to witnesses, as the court would have if the application for the remission of the matter were an information alleging the commission of an offence triable by the court.

(4) Where a matter is heard by a court of summary jurisdiction under the foregoing provisions of this section the proceedings on behalf of the Minister or the Board may be conducted before the court by any officer of the Department, or by any police officer, duly authorized by the Minister or the Board in that behalf.

(5) Notwithstanding anything in any Act relating to appeals to the Supreme Court, no appeal shall be entertained by the Supreme Court in respect of any person aggrieved by the confirmation or reversal by a court of summary jurisdiction of a decision or order of the Minister or the Board as aforesaid �

(a) except an appeal to the Supreme Court by way of case stated, in which case the Protection of Justices Act 1897 [title 8 item 17] shall apply accordingly; or

(b) except an appeal to the Supreme Court on a point of law
otherwise than by way of case stated, in which case the Civil Appeals Act 1971 [title 8 item 85] shall apply as though the appeal were an appeal from a judgment of a court of summary jurisdiction in a civil cause or matter.

(6) Where upon the determination of any matter remitted to a court as aforesaid, or upon the determination of an appeal arising there from, a court reverses a decision or order of the Minister or the Board, then it shall be the duty of the Minister or the Board to give effect to the order of the court and, in particular, to grant or issue any necessary document accordingly.

Prosecution of offences against Act

117 Offences against this Act or against any regulations made there under shall be prosecuted before a court of summary jurisdiction.

Owner of motor car

118 For the purposes of any proceedings under this Act the person who is registered as the owner of a motor car shall be deemed to be the owner of that motor car.

Responsibility of driver and owner for offences

119 (1) If with respect to the use of a motor car on any road in cluding a United States road, there is proved to be a contravention of any provision of this Act or any regulation made thereunder, or any order, demand, requirement or direction lawfully issued, made or given under this Act or any such regulation, then �

(a) the driver of the motor car shall be deemed to be guilty of the contravention:

Provided that it shall be a defence for the driver to prove that the contravention was not due to any act, omission, neglect or default on his part;

(b) the owner of the motor car shall also be deemed to be guilty of the contravention:

Provided that it shall be a defence for the owner to prove that the contravention occurred without his consent and was not due to any act or omission on his part.

(2) In this section "contravention", in relation to any provision, order, demand, requirement or direction, includes a failure to comply with that provision, order, demand, requirement or direction.

General provision regarding contraventions

120 Any person who contravenes any provision of this Act or of any regulation made thereunder, or who fails to comply with any order, de mand, requirement, or direction lawfully issued, made or given under this Act or under any such regulation, commits an offence against this Act:

Provided that where a person engaged or employed in the ad ministration of this Act omits to perform any duty imposed upon him as such, the omission shall not constitute an offence against this Act.

Punishment when no special punishment provided

121 A person guilty of an offence against this Act for which no special punishment is provided shall be liable for each offence to the punish ment specified in Schedule 1 to the Traffic Offences (Penalties) Act 1976 [title 21 item 13] or, if no punishment is therein specified, to a fine not exceeding $2,100.

Offences involving fraud

122 Any person �

(a) who, in or in connection with an application for the is sue of a motor licence, or a certificate of competence, or a drivers' licence, or learners' permit, or in connection with the endorsement of any such licence or certificate, or any change or correction in any such licence, or the registration of a motor car, or in connection with the is sue of any permit or certificate, makes any statement which to his knowledge is in any material respect false or misleading; or

(b) who, being disqualified for obtaining or holding, or hav-ing been refused, any such licence or certificate or per mit as aforesaid, applies for or obtains any such licence or certificate or permit while he is so disqualified or without disclosing such refusal, or being a person whose drivers' licence or learners' permit has been endorsed or cancelled applies for or obtains another licence or permit without giving particulars of the endorsement or cancel lation; or

(c) who fraudulently imitates, alters or uses, or fraudulently lends or allows to be used by any other person any identification mark, motor car licence,
dealer's licence, driver's licence, learner's permit, certificate of registra tion or certificate of competence or export certificate or permit issued or deemed to have been issued under this Act,

commits an offence against this Act:

Punishment on summary conviction : imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine; and any licence or certificate or permit wrongfully obtained or dealt with by him as afore said shall have no effect.

(2) Any person who, in giving any information lawfully de manded or required under this Act or under any regulations made there under (otherwise than in connection with the matters set out in subsec tion (2)) makes any statement which to his knowledge is in any material respect false or misleading commits an offence against this Act:

Punishment on summary conviction : imprisonment for 3 months or a fine of $840 or both such imprisonment and fine; or, where the informa tion is given by way of a sworn declaration imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

(3) Nothing in this section shall derogate from or abridge any provision of the Criminal Code.

Offences of driving motor car while disqualified for obtaining drivers' licence

123 (1) Notwithstanding anything in the foregoing provisions of this Act, any person who �

(a) while he is disqualified under any Act for obtaining a driver's licence, or as the case may be, a driver's licence valid for the driving of any particular class of motor car; or

(b) while his driver's licence is suspended under any Act, or, as the case may be, is suspended to the extent of its va lidity for the driving of any particular class of motor car,

drives a motor car or, where the disqualification or suspension is in re spect of a motor car of a particular class, then a motor car of that class, commits an offence against this Act.

(2) A person to whom a driver's licence, or, as the case may be, a driver's licence valid for the driving of any particular class of motor car, may not, by virtue of any of the provisions of Part V, be issued by reason of his age shall, if he drives a motor car or, where such prohibition as aforesaid relates to a particular class of motor car, then if he drives a motor car of that class, be deemed, for the purposes of the foregoing pro visions of this section, to drive that motor car whilst disqualified for ob taining a driver's licence.

(3) A person whose driver's licence has been cancelled under section 88 or of section 89 in connection with his suffering from a physi cal or mental disability shall, if he drives a motor car before a new driver's licence is issued to him, be deemed for the purposes of this sec tion to drive that motor car whilst disqualified for obtaining a driver's li cence.

(4) Notwithstanding any enactment prescribing a time within which proceedings may be brought before a court of summary jurisdic tion, proceedings for an offence under this section may be brought �

(a) within a period of 6 months from the date of the com mission of the alleged offence; or

(b) within a period which exceeds neither 3 months from the date on which it came to the knowledge of the informant in the proceedings that the offence had been committed nor one year from the date of the commission of the of fence, whichever is the longer period.

(5) Without prejudice to section 115, a police officer in uniform may arrest without warrant any person whom he had reasonable cause to suspect of committing an offence against subsection (1).

Admissibility of examiner's certificate

124 If in any proceedings taken before a court under this Act any question arises whether a motor car or any part of its equipment is or is not in compliance with any provision of this Act or of any regulation made thereunder, or of any order or requirement lawfully made or im posed under this Act or any such regulation, then the certificate of an examiner that he has examined the motor car or its equipment and as to the result of his examination shall be admissible in evidence and shall be, prima facie, evidence of any fact or opinion stated therein relating to the matter in question; and the court shall not permit the examiner to be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be of such a nature as to necessitate the cross-examination of the examiner or unless for any reason the court considers cross-examination to be necessary in the

interests of justice.

Application of provisions relating to suspension of drivers' licences to learners' permits

125 Any reference in any other Act to the suspension or cancellation of a driver's licence, or to the disqualification of any person for obtaining a driver's licence, shall be deemed to include a reference respectively, to the suspension or cancellation of a learner's permit, or to a disqualifica tion of any person for obtaining a learner's permit; and any order duly made in respect of the disqualification of a person for obtaining a driver's licence shall be deemed to disqualify him for obtaining a learner's permit.

Conflict with other laws

126 Except as otherwise expressly provided. wherever this Act or of any regulations made thereunder are in conflict with any other law, this Act and regulations made thereunder shall prevail.

Saving

127 Subject to section 126, nothing in this Act shall absolve any per son from any liability that he may incur by virtue of any other Act or at common law.

SCHEDULES

FIRST SCHEDULE Section 10

Statutory Specifications

A OMNIBUSES

1 Single deck only
2 Length overall	not exceeding 366.14 inches (9300 millimetres)
3 Width overall	not exceeding 90.55 inches (2300 millimetres)

B AIRPORT LIMOUSINES AND MINIBUSES

(Class A)
1 Single deck only
2 Engine capacity	not exceeding 5,000 c.c.'s
3 Length overall	not exceeding 230 inches
4 Width overall	not exceeding 76 inches
(Class B)
1 Single deck only
2 Engine capacity	not exceeding 5,000 c.c.'s
3 Length overall	not exceeding 366.14 inches (9300 millimetres)
4 Width overall	not exceeding 90.55 inches (2300 millimetres)

C LIGHT TRUCKS AND PRIVATE LIGHT TRUCKS

1 Length overall	not exceeding 169 inches
2 Width overall	not exceeding 67 inches
3 Gross weight (fully loaded)	not exceeding 5,500 lbs.

D INTERMEDIATE TRUCKS

1 Length overall	not exceeding 180 inches
2 Width overall	not exceeding 71 inches
3 Gross weight (fully loaded)	not exceeding 9,000 lbs.

E HEAVY TRUCKS

(Class A)
1 Length overall	not exceeding 210 inches
2 Width overall	not exceeding 76 inches
3 Gross weight (fully loaded)	not exceeding 14,000 lbs.
(Class B)
1 Length overall	not exceeding 240 inches
2 Width overall	not exceeding 80 inches
3 Gross weight (fully loaded)	not exceeding 20,000 lbs.
(Class C-including Fuel Tankers)
1 Length overall	not exceeding 260 inches
2 Width overall	not exceeding 90 inches
3 Gross weight (fully loaded)	not exceeding 22,000 lbs.

F SPECIAL GARBAGE COLLECTION VEHICLES

1 Engine capacity	not exceeding 6,000 c.c.'s
2 Length overall	not exceeding 315 inches
3 Width overall	not exceeding 90 inches
4 Gross weight (fully loaded)	not exceeding 30,000 lbs.

G TRACTOR TRAILERS

1 Length overall	not exceeding 470 inches
2 Width overall	not exceeding 96 inches

H TRACTORS

1 Engine capacity	not exceeding 5,000 c.c.'s
2 Length overall	not exceeding 180 inches
3 Width overall	not exceeding 71 inches

I TRAILERS

Trailers other than Boat-trailers
(Class A)
1 Length overall	not exceeding 169 inches
2 Width overall	not exceeding 67 inches
(Class B)
1 Length overall	not exceeding 180 inches
2 Width overall	not exceeding 71 inches
(Class C)
1 Length overall	not exceeding 210 inches
2 Width overall	not exceeding 76 inches

Boat-trailers
1 Length overall (including tow bars)	300 inches
2 Width overall	96 inches

J PRIVATE MOTOR CARS, INSTRUCTIONAL VEHICLES

1 Engine capacity	not exceeding 2,000 c.c.'s
2 Length overall	not exceeding 169 inches
3 Width overall	not exceeding 67 inches
4 Number of wheels on which supported		4
5 The ratio of the weight of the vehicle to the maximum engine power output shall be not less than 10.50 kilograms per kilowatt.

K MOTOR CYCLES

1 Engine capacity

not exceeding 150 c.c.'s

L MOTOR TAXIS

1 Engine capacity	not exceeding 2,500 c.c.'s
2 Length overall	not exceeding 180 inches
3 Width overall	not exceeding 70 inches

M COMMUNITY SERVICE VEHICLES

1 Length overall	not exceeding 186 inches
2 Width overall	not exceeding 70 inches

[First Schedule items C I and J amended by 1990:16 effective 1 April 1990; and item J by 1994:46 effective 28 December 1994, item C amended by 1997 : 29 effective 16 December 1997; and item B by 1998 : 7 effective 1 April 1998]

SECOND SCHEDULE (Section 59)

A. MOTOR CYCLES (INCLUDING SCOOTERS)

Where the engine capacity�
does not exceed 100 c.c.	$52.20
exceeds 100 c.c. but does not exceed 125 c.c.	$60.60
exceeds 125 c.c. but does not exceed 150 c.c.	$98.40

B. PRIVATE MOTOR CARS AND INSTRUCTIONAL VEHICLES

Where the length overall�
does not exceed 3505 mm (138 ins.)	$167.90
exceeds 3505 mm (138 ins.) but does not exceed 3658 mm (144 ins.)	$244.55
exceeds 3658 mm (144 ins.) but does not exceed 3810 mm (150 ins.)	$372.30
exceeds 3810 mm (150 ins.) but does not exceed 3963 mm (156 ins.)	$467.20
exceeds 3963 mm (156 ins.) but does not exceed 4115 mm (162 ins.)	$627.80
exceeds 4115 mm (162 ins.) but does not exceed 4217 mm (166 ins.)	$740.95
exceeds 4217 mm (166 ins.) but does not exceed 4293 mm (169 ins.)	$876.00

C. MOTOR TAXIS

Where the length overall exceeds 3963 mm (156 ins.) but does not exceed 4572 mm (200 ins.)

$240.00

D. TRUCKS, TANK WAGONS AND TRACTORS NOT ELSEWHERE SPECIFIED IN THIS SCHEDULE

The fees specified in this paragraph shall be reduced by 50 per cent in the case of a tank wagon employed exclusively in the transport of water,

Where the dimensions�
do not exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.) in width	$624.00
exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.) in width but do not exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.) in width	$831.00
exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.) in width but do not exceed 5334 mm (210 ins.) in length and 1931 mm (76 ins.) in width	$1,110.00
exceed 5334 mm (210 ins.) in length and 1931 mm (76 ins.) in width but do not exceed 6096 mm (240 ins.) in length and 2032 mm (80 ins.) in width	$1,320.00
exceed 6096 mm (240 ins.) in length and 2032 mm (80 ins.) in width but do not exceed 6605 mm (260 ins.) in length and 2286 mm (90 ins.) in width	$1,596.00

E. SELF-PROPELLED CONSTRUCTIONAL MACHINES

Where the weight�
does not exceed 5,000 lbs.	$510.00
exceeds 5,000 lbs. but does not exceed 10,000 lbs.	$639.00
exceeds 10,000 lbs. but does not exceed 15,000 lbs.	$819.00
exceeds 15,000 lbs.	$1,020.00

F. OMNIBUSES AND AIRPORT LIMOUSINES

Where the dimensions�
do not exceed 5812 mm (230 ins.) in length and 1931 mm (76 ins.) in width	$807.00
do not exceed 9300 mm (366.14 ins.) in length and 2300 mm (90.55 ins.) in width	$1,611.00

G. BOAT TRAILERS

For commercial use	$330.00
For use by bona fide boat clubs or members thereof	$72.00

H. TRAILERS

Where the dimensions�
do not exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.) in width	$84.00
exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.) in width but do not exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.) in width	$174.00
exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.) in width but do not exceed 5331 mm (210 ins.) in length and 1931 mm (76 ins.) in width	$345.00

I. TRACTOR TRAILERS

Any tractor trailer

$2,361.00

J. FARM TRACTORS

Any farm tractor

$15.00

K. SPECIAL GARBAGE COLLECTION VEHICLES

Any special garbage collection vehicle

$1,899.00

L. COMMUNITY SERVICE VEHICLES

Any Community Service Vehicle

$582.00

M MINIBUSES

Any minibus

$240.00

In this Schedule "farm tractor" means a tractor employed exclusively for agricultural purposes.

[Second Schedule replaced by 1994:12 effective 1 April 1994; amended by 1995:22 effective 1 April 199, replaced by 1997 : 14 effective 1 April 1997; and amended by 1998 : 7 effective 1 April 1998]

THIRD SCHEDULE

Medical Reference Committee

1 The medical reference committee shall consist of five medical referees.

2 Each medical referee shall be a registered medical practitioner appointed by the Governor to hold office as such for such period as may be specified in his appointment, and each such medical referee shall be eligible for re-appointment:

Provided that if it at any time a medical referee becomes, in the opinion of the Governor, unfit or unsuitable to continue in office, the Governor may remove him from office.

3 There shall be a Chairman of the medical reference committee appointed by the Governor from among the medical referees to hold office for such period as may be specified in his appointment:

Provided that if the Chairman is unable for any cause to carry out his duties as such, the Governor shall appoint an Acting Chairman from among the remaining medical referees to hold office during the pe riod of the Chairman's incapacity.

4 For the purpose of medically examining any person, the medical reference committee shall consist of the Chairman, or in the case of the incapacity of the Chairman, then of the Acting Chairman, and two other medical referees nominated by the Chairman or Acting Chairman, as the case may be.

5 The medical reference committee shall, in relation to the medical examination of any person in pursuance of this Act, take into account in their examination any questions which the Minister requires to be de termined.

6 In the exercise of his powers under this Schedule the Governor may act in his discretion.

[this Act was brought into operation on 28 July 1951 by notice published in Gazette 30 of 1951]

Bermuda Consolidated Legislation

Motor Car Act 1951