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BERMUDA STATUTORY
INSTRUMENT
SR&O 15/1952
MOTOR CAR
(EXAMINATION, LICENSING AND REGISTRA TION) REGULATIONS 1952
[made under
sections 72, 102 and 103 of the Motor Car Act 1951 [title 21 item 4] and
brought into operation on 23 February 1952]
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 HM Forces and United States Forces motor
cars
PERMITS TO
OPERATE
4 Motor taxi service; permit or special
permit to oper ate
5 Truck; self-propelled con struction
machine; trac tor; permit to operate
6 Trailer; permit to use
EXAMINATION OF
MOTOR CARS
7 Periodical general exami nation
8 Other examinations
9 Notices; making motor car available
10 Trade licence
11 Certificate of examination
LICENSING AND
REGISTRA TION OF MOTOR CARS
12 Application form; initial issue
13 Re-issue
14 No defacement or alter ation of licence
15 Alteration of particulars
16 Alteration of motor car attracting higher
rate of duty
17 Surrender of licence
18 Expiration times
19 Production licence
20 Issue of licence certificate
21 Display of licence certifi cate
22 No defacement of licence certificate; no
loan or transfer
23 Duplicate licence certifi cate
24 Surrender of licence cer tificate
IDENTIFICATION
MARKS
25 Index mark for class of motor car
26 Identification mark; plates
27 Fitting of plates
TRADE LICENCE
28 Application for trade li cence
29 Form of trade licence
30 Expiration times
31 Issue of identification marks and journey
books
32 Trade plates
33 Trade licence must be car ried
34 Restrictions on use
35 Journey books
36 Revocation
37 Examination of trade li cence motor car
SCHEDULE
Citation
1 These Regulations may be cited as the
Motor Car (Examination, Licensing and Registration) Regulations 1952.
Interpretation
2 In these Regulations —
"the Board"
means the Public Service Vehicles Licensing Board established under the Motor
Car Act 1951 [title 21 item 4];
"dealer"
includes a dealer in motor cars and any person operat ing a public garage or
filling station;
"journey
book" has the meaning assigned to it in regulation 31;
"the Minister"
means the Minister of Transport;
"road" means
a highway, estate road or naval or military road;
"section",
where used without qualification, refers to a section of the Motor Car Act
1951;
"trade
licence" has the meaning assigned to it in section 57 of the Motor Car Act
1951;
"trade
plates" has the meaning assigned to it in regulation 31;
"use", in
relation to a motor car, means, except as otherwise ex-
pressly provided, use on a highway; and cognate expressions shall be construed
accordingly.
HM Forces and
United States Forces motor cars
3 Nothing in these Regulations save
regulations 14, 19, 25 and 26 shall apply in relation to any motor car in the
service of Her Majesty's
Forces or the United States Forces and being the
property of Her Majesty or the United States of America, as the case may be.
PERMITS TO
OPERATE
Motor taxi
service; permit or special permit to operate
4 (1) Application
for a permit to operate a motor taxi service shall be made to the Board in such
form as the Board may from time to time
determine.
(2) A permit granted by the Board in pursuance
of section 33 of the Motor Car Act 1951 shall be in such form as the Board may
from time
to time determine and shall be issued by the Board to the applicant
therefor.
(3) Where a permit —
(a) is revoked under section 33; or
(b) is varied under section 33,
the holder of the
permit shall return it to the Board within seven days of the revocation for the
purpose of its retention or endorsement
by the Board, as the case may be.
(4) This regulation shall have effect as if any
reference to a permit included a reference to a special permit granted under
the Motor
Taxi (Special Permits) Act 1970 [title
21 item 10].
Truck;
self-propelled construction machine; tractor; permit to oper ate
5 (1) Application
for a permit, under section 40, section 41 or section 43 of the Motor Car Act
1951, to use, respectively, a truck, a
self-propelled constructional machine or
a tractor for the purpose of the ap plicant's trade or business, shall be made
to the
Minister in such from as the Minister may from time to time determine.
(2) A permit granted by the Minister in
pursuance of the provi sion of section 40 or, as the case may be, section 41 or
section 43 shall
be in such form as the Minister may from time to time determine,
and shall be issued to the applicant therefor
(3) Where the holder of a permit for the use of
a truck, self-propelled constructional machine or tractor ceases to be engaged
in the
business in connection with which the permit was granted he shall forthwith inform the Minister in
writing of the circumstances.
(4) Where a permit is revoked under sections 40,
41 or 43, the holder of the permit shall return it to the Minister within seven
days
of the revocation for the purposes of its cancellation by the Minister.
Trailer; permit
to use
6 (1) Application
for a permit to use a trailer with a motor car shall be made to the Minister in
such form as the Minister may from time
to time determine.
(2) A permit granted by the Minister to use a
trailer with a mo tor car shall be in such form as the Minister may from time
to time
de termine, and shall be issued to the applicant therefor.
EXAMINATION OF
MOTOR CARS
Periodical
general examination
7 (1) Without
prejudice to regulation 8, the Minister may appoint days upon which motor cars
shall be examined in pursuance of section
54 of the Motor Car Act 1951, being
days which, as respects motor cars or any particular class, are days falling
within the period
appointed to this class, that is to say —
(a) as respects private motor cars and all motor
cars other than those mentioned in sub-paragraphs (b) and (c) (not being public
service
vehicles) the period between the first day of December in each year and
the thirtieth day of April in the following year;
(b) as respects motor cycles, the period between
the first day of May and the thirty-first day of August, in each year; and
(c) as respects public service vehicles, trucks,
trailers, self propelled constructional machines and tractors, the pe riod
between
the first day of September and the thirtieth day of November in each
year.
(2) The Minister may appoint such other days
throughout each year for the examination of public service vehicles as he may
think expe-
dient
for carrying out the relevant provisions of the Motor Car Act 1951.
Other
examinations
8 (1) Notwithstanding
anything in regulation 7—
(a) where a motor car has not been initially
examined and the owner of a motor car desires it to be so examined; or
(b) where a motor car for any reason requires a
re-examina tion arising out of an annual general examination; or
(c) where a motor car has for any reason not been
examined on the day or at the time and place appointed for that purpose under
regulation
9 and the owner of the motor car desires it to be examined,
the Minister, upon
appli cation in that behalf by the owner of the motor car, may appoint a day
for the examination of the motor
car, whether or not the day so appointed is
within the period specified in regulation 7(1) in respect of the class to which
the
motor car belongs.
Notices; making
motor car available
9 (1) The
Minister shall cause notice to be given to the owner of any motor car which is
to be examined in pursuance of regulation 7 or
8 of the day upon which, and the
time and place at which, the motor car will be examined, and such notice may be
by public advertisement
or otherwise.
(2) It shall be the duty of the owner of the
motor car to cause the motor car to be available for examination on the day a
the time
and place so notified to him.
Trade licence
10 Without prejudice to anything in
regulation 37 nothing in regu lations shall apply in relation to a motor car in
respect of which
an ex amination is held to determine its fitness for use under
a trade licence.
Certificate of
examination
11 Where a motor car is examined in
pursuance of the Motor Car Act 1951 and is found on such examination to be fit
for the purpose
for which it is to be licensed the examiner shall complete a
certificate in such form as the Minister may from time to time determine
and
forward the form duly completed and signed to the owner of the motor car.
LICENSING AND REGISTRATION OF MOTOR CARS
Application
form; initial issue
12 (1) Application
for the initial issue of a motor car licence and for the registration of the
motor car shall be made to the Minister
in such form as the Minister may from
time to time determine.
(2) No motor car shall be registered and no
motor car licence shall be issued to an applicant therefor unless —
(a) the form of application is completed and signed
by appli cant;
(b) the granting of a licence to such person is in
conformity with the Motor Car Act 1951;
(c) the motor car has been duly examined and has
been certified by the examiner to be fit for the purpose for which it is to be
licensed;
(d) there is produced to the Minister a certificate
of insur ance relating to the use of the motor car, as required by the Motor
Car
Insurance (Third Party Risks) Act 1943 [title
21 item 5], and valid for the period for which the li cence is to be
issued;
(e) the appropriate licence duty (if any)
calculated in accor dance with section 69 of the Motor Car Act 1951, is paid to
the Minister;
(f) in the case of an application for a motor car
licence in respect of a private motor car where the motor car previ ously owned
by
the applicant has been destroyed or ren dered permanently unserviceable,
there is produced to the Minister a write-off certificate
duly completed and
signed by an examiner in accordance with regulation 17;
(g) in the
case of an application for a motor car licence in respect of a motor taxi or in
respect of an airport limou sine, there is
produced to the Minister a valid
permit authorizing the applicant to operate a taxi service or, as the case may
be, an airport
limousine service, and the Minister is satisfied that no
infringement of any condi tion contained in the permit will occur by reason
of
the licensing of that motor taxi or airport limousine;
(h) in the case of an applicant for a motor car
licence in re spect of a truck, a self-propelled constructional machine, or a
small
tractor there is produced to the Minister a valid permit authorizing the
applicant to use a truck or, as the case may be, a self-propelled
constructional ma chine or a small tractor, for the purpose of his trade or
business and the Minister is satisfied that no infringe
ment of any condition
contained in the permit will occur by reason of the licensing of that truck,
self-propelled constructional
machine or tractor.
(3) A motor car licence shall be in such form as
the Minister may from time to time determine.
(4) A certificate of registration shall be in
such form as the Minister may from time to time determine.
Re-issue
13 (1) Without
prejudice to section 19 of the Motor Car Act 1951 (which section imposes
restrictions on the licensing of second-hand pri
vate motor cars), and subject
to this regulation, a motor car licence in respect of the use of a duly
registered motor car shall
be re-issued by the Minister in respect of any
licence period subsequent to the initial licence period —
(a) upon surrender of the licence to the Minister
for the necessary alterations; and
(b) upon payment of the appropriate licence duty
(if any) calculated in accordance with the Motor Car Act 1951.
(2) The Minister, where he thinks it expedient
to do so, may fix a date on or before which applications for the issue of motor
car licences
should be forwarded to him, being a day not earlier than fourteen
days before the first day of the appropriate licence period.
(3) The Minister shall cause notice to be given
of any such date by public advertisement or otherwise, and if any person fails
comply
with any such requirements of the Minister his application shall be
dealt with as time allows, and no remedy shall lie against the
Minister if a
motor car licence is issued in respect of such application after the first day
of the appropriate licence period.
(4) In this regulation, "licence
period" has the meaning as signed to it in section 59 of the Motor Car Act
1951, and "the
appropriate licence period" means the licence period
appropriate to the class of motor car in respect of which a licence has
been,
or is to be, issued.
No defacement
or alteration of licence
14 No person shall deface or mutilate any
motor car licence or alter or obliterate any entry therein or (except as provided
by these
Regula tions) make any entry in or addition to such licence.
Alteration of
particulars
15 If any alteration (other than an
alteration of the nature referred to in regulation 16) is made in a motor car
after it has been
registered and licensed, or any alteration occurs in respect
of the name or address of the owner, being in either case an alteration
which
affects the regis tration particulars set out in the motor car licence, the
owner shall forthwith, in writing, notify such
alteration to the Minister, and
at the same time deliver up the licence for amendment.
Alteration of
motor car attracting higher rate of duty
16 If the character of a motor car is
altered so as to render payable, under section 59 of the Motor Car Act 1951,
duty at a higher
rate than that at which duty has been paid, the owner shall
deliver to the Minister a new application appropriate to the altered
conditions
together with the licence and shall pay the difference between the amount of
the duty which would at the rate of duty
appropriate to the motor car before
the alteration in character be payable on a new licence for the period com mencing
at the date
when the higher rate of duty became applicable and expiring at the
end of the period at for which the licence was originally issued,
and the
amount of the duty which would be payable on a new li cence for the like period
at the rate of duty appropriate to the
motor car as altered in character and
the Minister shall, subject to regulation 12(2)(b), issue without charge an amended
licence
showing the particu lars so notified.
Surrender of
licence
17 (1) Where
a motor car —
(a) has been destroyed; or
(b) has been rendered permanently unserviceable; or
(c) has been permanently removed from Bermuda,
the person who was at the material time the
owner of the motor car shall within fourteen days of the event—
(i) notify the Minister in writing of the
circum stances; and
(ii) return the motor car licence to the
Minister.
(2) Upon being notified as aforesaid that a
motor car has been destroyed or rendered permanently unserviceable, the
Minister or the
owner of the motor car may require the motor car, or wreckage,
if any, thereof, to be examined, and the examiner shall, if satisfied
that the
motor car is in fact destroyed or rendered permanently unserviceable, is sue to
the owner a write-off certificate in such
form as the Minister may from time to
time determine.
Expiration
times
18 Motor car licences issued in respect of
motor cars of different classes shall expire at the times specified in this
regulation,
that is to say—
(a) as respects private motor cars and motor
cycles—
(i) in the case of licenses issued on or
after the date that these Regulations come into force, on the anniversary of
the applicant's
date of birth next succeeding the date upon which the licence
came into force, and thereafter annually on such anniversary; and
(ii) in the case of licences issued before
these Regulations come into force, the end of the last day of the period of
twelve months
immediately succeeding the first day of the month during which
the licence came into force; and
(b) as respects all other motor cars, the end of
the thirty-first day of December next succeeding the date upon which the
licence came
into force.
[Regulation 18
replaced by BR 4/1994 effective 25 February 1994
Production
licence
19 A motor car licence shall always be
carried in the motor car in respect of which it was issued when the motor car
is in use, and
shall be produced for inspection on demand by a police officer
or traffic officer.
Issue of
licence certificate
20 (1) Where
a motor car licence is issued under these Regulations to the owner of a motor
car, there shall in addition be issued without
charge a coloured motor car
licence certificate (hereinafter in these Regulations referred to as a licence
certificate).
(2) A licence certificate shall be in such form
and of such colour as the Minister may from time to time determine.
(3) In the case of a motor cycle the licence
certificate shall take the form of an adhesive validation sticker of such
description as
the Minister may determine.
Display of licence certificate
21 (1) The
licence certificate shall, during the period that the li cence issued therewith
remains in force, be exhibited upon the motor
car in respect of which it was issued
when the motor car is in use.
(2) The licence certificate shall be exhibited
upon the motor car in such manner and in such position as the Minister may from
time
to time direct.
No defacement
of licence certificate; no loan or transfer
22 (1) No
person shall (either by writing, drawing or in any other manner) alter, deface,
mutilate or add anything to any licence certificate,
nor shall any person
exhibit upon any motor car any licence certificate which has been altered,
defaced, mutilated or added to
as aforesaid or upon which any particulars have
become altered by fading or otherwise nor shall any person exhibit any
colourable
imitation of a licence certifi cate.
(2) No person shall transfer, accept, lend or
borrow any licence certificate to or from any other person except as may be
expressly
autho rized by the Minister in that behalf, and no person shall
exhibit, or cause to be exhibited, upon a motor car any licence
certificate
other than a li cence certificate issued in respect of that motor car.
Duplicate
licence certificate
23 If a licence certificate issued under
these Regulations has been lost, destroyed or accidentally defaced, or the
particulars thereon
have become illegible, or the colour thereof has become
altered by fading or otherwise, the owner of the motor car shall apply to
the
Minister for the issue of a duplicate licence certificate, and the Minister —
(a) upon being satisfied as to such loss,
destruction, de facement, illegibility or alteration as aforesaid; and
(b) where
the licence certificate has been accidentally de faced or the particulars
thereon have become illegible or the colour thereof
has become altered by
fading or oth erwise, upon receipt of the licence certificate,
shall issue a
duplicate licence certificate on payment of a fee of sixty cents, and the
duplicate so issued shall have the same
effect as the original licence
certificate.
Surrender of
licence certificate
24 Where, under the Motor Car Act 1951 or
any regulations
[This page
intentionally left blank]
(including these
Regulations) made thereunder, the owner of a motor car is required to surrender
his motor car licence to the Minister,
he shall also, if so required by the
Minister, surrender any licence certificate is sued to him with that motor car
licence.
IDENTIFICATION
MARKS
Index mark for
class of motor car
25 The index mark allotted to each class
or description of motor car shall be such letter or letters as the Minister may
determine:
Provided that, in the
case of any motor car in the service of the Governor of Bermuda, a crown, or
such other royal emblem or device
as the Governor may from time to time direct,
shall be the index mark for the motor car and the identification plate of the
motor
car shall not in addition to the crown emblem or device, carry any other
letter or figure, and the succeeding provisions of these
Regulations shall, in
respect of such motor car, have effect accordingly.
Identification
mark; plates
26 (1) The
identification mark to be carried by a motor car shall consist of the index
mark (if any) and the registration number assigned
to the motor car and shall
be exhibited on a rectangular metal plate or rectangular surface forming part
of the vehicle.
(2) An identification plate shall conform with
the Schedule.
(3) The Minister shall issue identification
plates on payment of such fee as may be prescribed under the Government Fees
Act 1965 [title 15 item 18].
Fitting of
plates
27 (1) In
this regulation "observer", in relation to a motor car, means a
person standing on the same plane as the motor car
at any point which is more
than 10 feet away from the identification mark within a square described on the
ground, behind the motor
car in the case of the rear identification mark and in
front of the motor car in the ease of the front identification mark, so that
one corner of the square is immediately below the identification mark and that
the diagonal of the square, drawn from that corner,
is a prolongation of a line
parallel to the longitudinal axis of the motor car.
(2) The identification mark shall be exhibited
on the front of, and on the back of, the motor oar.
(3) Save as hereinafter provided in paragraph
(4), the identifi cation mark of every motor car shall be exhibited so that in
normal
day light the letters (if any) and figures of the front and rear
identification mark shall be easily distinguishable by an observer
in front of
or behind a motor car, as the case may be, the diagonal of the square aforesaid
being 90 feet.
(4) In the case of a motor cycle it shall be
sufficient compliance with this regulation if an identification plate is
exhibited on the
rear of the motor cycle.
(5) Whenever during the hours of darkness (that
is to say, the period between half an hour after sunset and half an hour before
sun
rise) a motor car is in use, a lamp shall be kept burning on the motor car
so contrived as to illuminate by means of reflection,
transparency or oth erwise,
every letter and figure of the identification mark exhibited on the back of the
motor car, and to render
them easily distinguishable in the absence of rain or
fog by an observer behind the motor car, the diagonal of the square aforesaid
being 45 feet in the case of a motor cycle and 60 feet in every other case:
Provided that this
paragraph shall not apply —
(a) where a motor cycle is parked in conformity
with section 14 of the Road Traffic Act 1947 [title 21 item 3]; or
(b) where a motor car (other than a motor cycle) is
parked in conformity with section 14 of the Road Traffic Act 1947, and in a
place
in respect of which there is a notice erected, placed or marked under
section 14 authorizing parking without lights.
(6) No other figures or letters and no design,
ornamentation or article shall be placed near to, over or upon any
identification mark
in such a manner as to be liable to render it more
difficult to read or distin guish such identification mark when the motor car
is in use on a road.
(7) No identification mark shall be in any way
obscured when the motor car is in use on a road.
TRADE LICENCE
Application for
trade licence
28 (1) Application
for a trade licence shall be made to the Minister in such form as the Minister
may from time to time determine.
(2) The appropriate licence duty calculated in
accordance with
section 59 of the Motor Car Act 1951 shall be paid to the Minister upon a trade
licence being issued.
Form of trade
licence
29 A trade licence shall be in such
form as the Minister may from time to
time determine.
Expiration
times
30 A trade licence shall be in force from
the date of the issue of the licence or the date upon which it is expressed to
come into
force, whichever is the later date, until —
(a) the next succeeding thirty-first day of
December; or
(b) if the licence is surrendered to the Minister
for cancella tion under section 59 of the Motor Car Act 1951, the date of the
surrender;
or
(c) if the licence is revoked by order of the
Minister under regulation 36, the date of the revocation.
Issue of
identification marks and journey books
31 The Minister shall issue without charge
in conjunction with the issue of a trade licence —
(a) a pair of identification marks (hereinafter in
these Reg ulations referred to as "trade plates") adapted and
equipped
to be temporarily attached to motor cars; and
(b) a book for recording details of journeys made
under the authority of the licence (hereinafter in these Regulations referred
to as
a "journey book") .
Trade plates
32 (1) Trade
plates shall —
(a) be of such dimensions, colour and design; and
(b) have painted upon them such figures and letters
of such other colour and size,
as the Minister
may from time to time consider expedient.
(2) Subject as hereinafter provided, no motor
car shall be used under the authority of a trade licence unless —
(a) one of the pair of trade plates issued with the
licence is attached to the front of the motor car; and
(b) the other of the pair of such trade plates is
attached to the back of the motor car,
in such manner as
to be clearly visible:
Provided that while a
motor cycle is being used under the au thority of a trade licence only the
requirement specified in subparagraph
(b) shall apply in relation to the motor
cycle.
(3) It shall be the duty of a dealer to whom
trade plates are is sued in conjunction with the issue of a trade licence to
return the
plates to the Minister upon the expiration, surrender or revocation
of the li cence.
(4) Where trade plates issued to any dealer are
lost or de stroyed —
(a) it shall be the duty of the dealer immediately
to notify the Minister;
(b) The Minister, upon payment to him of a fee of
one dollar and twenty cents, may issue new trade plates, having the same or
different
serial numbers thereon as the Minister considers expedient; and in
the latter event, the Minister shall cause the trade licence
to be amended ac cordingly.
(5) No person shall —
(a) lend or hire out any trade plates to any other
person not entitled to have or to use those trade plates; or
(b) make, or use on any motor car, any
identification marks similar in colour and lay-out to trade plates.
Trade licence
must be carried
33 (1) Subject
as hereinafter provided, where a motor car is being used under the authority of
a trade licence, it shall be the duty of
the driver of the motor car to carry
the trade licence in or upon the motor car whilst he is so driving it:
Provided that nothing in this paragraph shall
apply in relation to the driving of a motor car by a prospective purchaser of
the
motor car; and when such a person is driving the motor car, it shall be the
duty of the dealer or of his employee in charge of the
demonstration of the
motor car to the prospective purchaser, to ensure that the trade licence is car ried
in or on the motor car.
(2) Where a trade licence is lost or destroyed —
(a) the dealer shall immediately notify the
Minister;
(b) The Minister may—
(i) make such enquiries, or require any
declaration to be made by the dealer, as the Minister con siders necessary to
satisfy him as
to the truth of the loss or destruction;
(ii) issue, upon payment to him of the sum of
sixty cents, a duplicate licence.
Restrictions on
use
34 (1) Subject
to these Regulations, no person shall drive a motor car while it is being used
under the authority of a trade licence except
the dealer or a person regularly
employed by him in his capacity as a dealer or a prospective purchaser of the
motor car or a nominee
of a prospective purchaser:
Provided that, except
in the case of a motor cycle, it shall not be lawful for a prospective
purchaser of a motor car, or his nominee,
to drive the motor car while it is
being used under the authority of a trade licence unless the dealer, or a
person regularly employed
by him in his capacity as a dealer, is a passenger in
the motor car.
(2) There shall not be carried in any motor car,
while the motor car is being used under the authority of a trade licence, more
than
three persons in addition to the driver, and each such person shall be
either —
(a) the dealer to whom the licence is issued; or
(b) a person regularly employed by him in his
capacity as a dealer; or
(c) a prospective purchaser of the motor car or his
nominee.
(3) Except for the purpose of driving the motor
car from the place where it was disembarked in Bermuda to a place of business
of the
dealer, no motor car shall be used under the authority of a trade
licence on a Sunday or on Christmas Day or Good Friday.
(4) No load other than such load as may be
necessary to test the motor car or a trailer lawfully drawn thereby shall be
carried in or
upon any motor car or trailer drawn thereby while the motor car
is being used under the authority of a trade licence; and any such
load as may
be lawfully carried under this paragraph shall be brought back at the con clusion
of the testing of the motor car or
trailer and shall be unloaded at the place
at which it was loaded onto the motor car or trailer, as the case may be.
(5) It shall not be lawful for any motor car to
be driven between two places of business of a dealer under the authority of a
trade
licence where —
(a) the primary object of the journey is the
transport of any person; or
(b) the motor car tows any other vehicle during any
part of the journey; or
(c) the motor car has a trailer attached to it
during any part of the journey:
Provided that nothing in this sub-paragraph shall apply where—
(i) the trailer has been manufactured for,
or is a normal component part of, the motor car; and
(ii) no load is carried in or upon the
trailer other than a load carried in conformity with paragraph (4).
(6) No person shall be taught to drive or
undergo a driving ex amination in a motor car while the motor car is being used
under the
authority of a trade licence.
(7) Nothing in these Regulations shall be
construed as affecting the provisions of section 76 of the Motor Car Act 1951,
which declare
that a driver's li cence shall be valid only for the class or
classes of motor car specified therein.
Journey books
35 (1) Journey
books shall be of such composition, size, and type as the Minister may from
time to time consider expedient.
(2) The holder of a trade licence shall keep a
record of each journey made under the authority of the trade licence in the
journey book
and such record shall be made at such time, in such form, and
contain such particulars as the Minister may from time to time deter
mine.
(3) The journey book, completed in accordance
with a determi nation of the Minister under paragraph (2), shall be carried in
or upon
the
motor car while the motor car is making the journey of which the particulars
have been entered in the journey book.
(4) No person —
(a) shall wilfully make or initial any entry in a
journey book which he knows or has reason to believe to be false or misleading
in
a material particular; or
(b) shall wilfully remove any page from a journey
book; or
(c) shall wilfully deface or obliterate any entry
on any page of a journey book with intent to mislead any person by so doing.
(5) Where a journey book issued to a dealer is
lost or de stroyed—
(a) it shall be the duty of the dealer immediately
to notify the Minister;
(b) The Minister may—
(i) make such enquiries or require such
declara tions to be made by the dealer, as the Minister may consider necessary
to satisfy him
as to the truth of the loss or destruction;
(ii) issue, upon payment to him of a sum of
twenty four cents, a new journey book.
(6) When every page in a journey book is
completed —
(a) the journey book shall be returned to the
Minister; and
(b) the Minister shall issue a new journey book
free of charge.
(7) When a trade licence expires, or is
surrendered or revoked, it shall be the duty of the dealer to return to the
Minister the current
journey book in respect of the licence.
Revocation
36 The Minister may revoke by order a
trade licence at any time where it is made to appear to the Minister that the
person licensed
has ceased to be a dealer.
Examination of
trade licence motor car
37 (1) Except
where a motor car is being used —
(a) for the purpose of driving it from the place
where it was disembarked in Bermuda to a place of business of a dealer; or
(b) for any purpose connected with the examination,
main tenance or repair of the motor car, no motor car shall be used under the
authority
of a trade licence unless the motor car has been examined by an
examiner and has been certified by the examiner in such form as
the Min ister
may from time to time determine to be fit for the purposes set out in section
57(2)(c), (d) and (e) of the Motor
Car Act 1951.
(2) A certificate mentioned in paragraph (1)
must have been given by an examiner in respect of the motor car within the
period of twelve
months last preceding the date of the use of the motor car
under the authority of a trade licence.
(3) Without prejudice to anything hereinbefore
contained, the Minister may require any vehicle to be weighed or measured prior
to its
use for the purpose mentioned in section 57(2)(c), (d) and (e) of the
Motor Car Act 1951, and for the purposes of this paragraph,
any journey to or
from a place where such weighing or measurement takes place shall be deemed to
be a journey for the purposes
of the examination of the motor car.
SCHEDULE
Identification Plates
1 (1) In
the case of an identification plate for a motor car, other than a motor cycle,
the plate shall, subject to sub-paragraphs (2)
and (3), comply with either
paragraph 2 or paragraph 3.
(2) The Minister may be notice published in the
Gazette require motor cars of a description specified in the notice bearing
identification
plates which comply with paragraph 2 as from such dates as may
be so specified to bear identification plates which comply with paragraph
3 and
thereafter identification plates which comply with paragraph 2 shall cease to
be lawful in respect of such motor cars.
(3) The Minister may by notice published in the
Gazette require motor cars on initial registration to bear identification
plates which
com ply with paragraph 3.
2 (1) Unless
the identification plate is so constructed that it can be illuminated by
transparency or translucency, it shall be indelibly
in scribed in white upon a
black surface and, if the letters or figures are
exhibited on a
flat plate, the plate may be constructed of cast or pressed metal having raised
letters and figures.
(2) No letter or figure shall be capable of
being detached from the surface of an identification plate:
Provided that any
letter or figure may be made separately and either welded or firmly riveted on
to such surface.
(3) If the identification plate is so
constructed and used that it is illuminated by transparency or translucency,
the letter and figures
shall all, when so illuminated during the hours of
darkness, appear white against a black background.
(4) In the case of a plate fixed to a motor car
the following pro visions shall apply—
(a) the letter or letters and all figures on the
plate shall be not less than three inches high;
(b) every part of any letter or figure shall be at
least seven-sixteenths of an inch broad and the total width of the space taken
by
any letter or figure, except in the case of the figure 1, shall be at least
one and seven-sixteenth inches;
(c) the letter or group of letters and the figure
or the group of figures shall be of uniform size;
(d) the space between any two letters or any two
figures shall be three-eighths of an inch, and the space between the letter or
group
of letters and the figure or group of figures shall be one and
five-eighths inches;
(e) there shall be a margin, between the nearest
part of any letter or figure and the top, bottom or sides of the plate, of at
least
half an inch.
3 (1) The
identification plate shall bear such letter, if any, and numbers as the
Minister may assign which shall be embossed in black
on a coloured background.
(2) The Minister may identify different classes
of motor car by use of different colours of identification plates.
(3) The plate shall be so constructed that the
letters, if any, and figures are reflected if illuminated during the hours of
darkness.
(4) The letters and figures on the plate shall
be of such dimen sions as the Minister may determine.
4 In the case of motor cycles, the
identification plate shall comply with the following—
(a) the plate shall bear an index letter and three
numbers debossed in white on a green background;
(b) the plate shall be so constructed that the
letters and fig ures are reflected if illuminated during the hours of darkness;
(c) the letters and figure shall be of such
dimensions as the Minister may determine;
(d) no letter or figure shall be capable of being
detached from the surface of the plate;
(e) the index letter and figures shall be so
positioned on the plate that there is adequate space for the annual valida tion
sticker
to be attached underneath them.
[Amended by
1968 : 222
1973 : 45
1974 : 42
SR&O 17/1967
SR&O 2/1974
SR&O 21/1971
SR&O 31/1975
BR 47/1982
BR 4/1994]
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