Motor Taxi Regulations 1952

Citation

1 These Regulations may be cited as the Motor Taxi Regulations 1952.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"fare", in relation to the hiring of a taxi, means that part of the legal charge for the hiring which is automatically recorded upon the dial of the taximeter fitted in the taxi when the taximeter is set in motion in pursuance of these Regulations;

"legal charge" has the meaning given in regulation 3;

"taxi" means a motor taxi as defined in the Motor Car Act 1951 [title 21 item 4];

"taximeter" means an instrument fitted to a taxi and constructed in such manner—

(i) that when, in connection with hiring of the taxi, the mechanism of the taximeter is set in motion in pur suance of regulation 4, the fare is automatically recorded on the dial of the taximeter in accordance with the scale set out in paragraph 1 of the Sched ule; and

(ii) that the total of the charges (if any) payable by the hirer of the taxi under regulation 14 in respect of the carriage of baggage can be indicated, up to an amount of one dollar, on the dial of the taximeter.

Legal charges for hiring taxi

3 (1) Without prejudice to regulation 21, the charge that shall be payable for the hire of a taxi (hereinafter referred to as "the legal charge") shall, in the case of a taxi hired in respect of a particular journey, be—

(a) the amount obtained from the application of the scale specified in the Schedule; and

(b) the charges (if any) payable by the hirer under regulation 14 in respect of the carriage of baggage.

(2) Notwithstanding anything in paragraph (1), nothing in these Regulations shall prevent the charging of any charge lower than
as indi cated in paragraph (1).

(3) It shall not be lawful for any person (whether or not the driver, owner or operator of a taxi) either directly or indirectly to demand or exact or require the payment of any charge in respect of the hire of the taxi—

(a) in excess of the legal charge; or

(b) where a charge lower than the legal charge has been agreed upon in connection with the hiring, then in ex cess of that lower charge,

Taximeter; starting and stopping

4 (1) Where a taxi is hired in respect of a particular journey, or in respect of a period of time less than one day, the mechanism of the taximeter shall be set in motion by the driver of the taxi not earlier than—

(a) the time at which the journey begins; or

(b) five minutes after the time at which the taxi is first made immediately available to the hirer at a place and time appointed by him,

whichever first occurs.

(2) Without prejudice to any other provision of this regulation, no passenger shall be carried in a taxi unless the mechanism of the taximeter is then in motion.

(3) The mechanism of the taximeter shall be stopped by the driver of a taxi at the termination of the hiring, which shall, for the pur poses of this regulation, be deemed to be the time at which the last of any passengers carried in connection with the hiring ceases to be carried in the taxi, or the time at which the taxi last ceases to be immediately available to the hirer, whichever is the later time:

Provided that in any case where during the course of a hiring in respect of a particular journey a taxi ceases for any period to be immedi ately available to the hirer, the driver of the taxi shall cause the mecha nism of the taximeter to be stopped during such period, as respect the recording or charges connected with the hiring.

Daily and hourly hire

5 (1) Where a taxi is hired for a period of a day, then the overall period for which the taxi is made available for the hirer shall be deemed to be a period of six consecutive daylight hours.

(2) In any case where a taxi is hired for a period of a day, the hirer thereof shall be entitled to have the taxi at his disposal for any pe riod in excess of such period of six consecutive daylight hours (in these Regulations referred to as overtime), in consideration of the charge made for overtime.

(3) Where a taxi is hired for a period of one hour, the hirer thereof shall be entitled to have the taxi at his disposal for any period in excess of such hour in consideration of the charge made for overtime.

(4) For the purpose of calculating overtime, the time during which a taxi is at the disposal of the hirer during any day or part of a day shall be deemed to commence when the taxi is first made available to the hirer at a place and time appointed by him, and shall be deemed to run continuously until the last occasion during that day at which the taxi remains immediately available to the hirer.

Maximum number of passengers

6 (1) It shall not be lawful to carry more than six passengers in a taxi at one time:

Provided that, in any case where it appears to the Minister that by reason of the construction of a particular taxi it is in the public inter est to do so, the Minister may by order limit the number of passengers which may be lawfully carried in that taxi to four.

(2) No more than one passenger shall be carried in the front seat of a taxi.

(3) For the purpose of this regulation, a child in arms shall not be counted as a passenger, and two children under the age of twelve years shall count as one passenger.

Distinctive sign

7 (1) Every taxi shall be plainly designated as such by having the word "TAXI" painted on each of the front doors of the taxi and on the front of the taxi above the windscreen; the letters of the word "TAXI" shall be yellow in colour and shall be not less than 2 1/2 inches in height:

Provided that in the case of a particular taxi which is made available to a hirer for an overall period of a day or more than a day, the word "TAXI" may be obscured during any period while the taxi is imme diately available for the use of the hirer.

(2) Every taxi shall be equipped with a lamp which—

(a) is of a design approved by the Minister; and

(b) is capable of showing to the front and sides an amber light; and

(d) is connected to the electrical system of the taxi in such a manner that it may be separately illuminated or extin guished by the driver.

Taximeter must be approved type

8 (1) Every taxi shall be fitted with a taximeter of a type approved by the Minister.

(2) The taximeter shall be supplied by a person who is the sole agent in Bermuda of the manufacturer or distributor abroad of that type of taximeter:

[proviso omitted]

(3) Before the Minister may approve a type of taximeter he must be satisfied that the sole agent has the facilities and the personnel capable of fitting, servicing and repairing that type of taximeter.

(4) With respect to the operation of a taxi fitted with a taxime ter, the following shall have effect:

(a) the taximeter shall be fitted in such a place inside the taxi as to render the readings on the dial to be easily legible from the rear seat of the taxi either by day or night;

(b) the taximeter, if satisfactorily fitted, shall be sealed by the Transport Control Department in such manner and with such marks as may be placed on it, as the Minister may direct, and only a person authorized by the Minister in that behalf shall place any seal or mark on the taximeter;

(c) no person shall, without the authority of the Minister remove or tamper with or repair the taximeter fitted to a taxi, or the mechanism by which the taximeter is oper ated, or break, alter, deface or otherwise tamper with any seal or mark placed on the taximeter by direction of the Minister;

(d) no person shall cause or allow a taxi to be hired —

(i) unless a taximeter is fitted therein as required in this regulation;

(ii) unless the taximeter fitted in the taxi has been sealed and marked in accordance with the di rections (if any) of the Minister; or

(iii) if the seal or any mark placed on such taximeter by direction of the Minister is broken, altered, defaced or otherwise tampered with;

(e) a person owning a taxi shall cause the taxi to be made available at such place and time as the Minister may from time to time require for the purpose of inspecting or calibrating the taximeter fitted therein;

(f) no person shall without the consent of the Minister cause or allow a taxi to be fitted with wheels or tyres of a size different from the size of the wheels or tyres fitted at the time when the taximeter was last inspected in pur suance of paragraph (e); and

(g) in any case where it appears to the person in charge of a taxi that the taximeter fitted in it is defective, he shall, as soon as possible report the matter to the Minister, and shall not without the consent of the Minister, con tinue to operate the taxi until the defect is remedied or a new taximeter is fitted in it.

Display of notices in taxi

9 (1) There shall be displayed in a prominent place inside every taxi while the taxi is hired or is standing or plying for hire or is being made available to a person who has arranged to hire it—

(a) a permanent notice containing—

(i) the conditions of hire; and

(ii) the registration number of the taxi; and

(b) [revoked by SR&O 31/1977]

(2) Forms of notices as aforesaid may be obtained free of charge from the Minister and the notices shall be displayed in such manner as the Minister may approve.

Driver to illuminate equipment

10 Every driver of a taxi shall, during the hours of darkness (that is to say, the period between half an hour after sunset and half an hour before sunrise)—

(a) cause the dial of the taximeter fitted in the taxi to be il luminated when requested by the passenger to do so; and

(b) cause the light on the roof of the taxi mentioned in reg ulation 7 to be illuminated at all times when he is, under regulation 11, bound to accept a passenger for a lawful journey.

Obligation to accept passengers

11 The driver of a taxi shall not, while the taxi is standing or plying for hire, refuse to accept a passenger for a lawful journey.

Dress and conduct

12 The driver of a taxi, while in charge thereof—

(a) shall be polite and respectful in conduct, be neat and clean in appearance and be correctly dressed. A driver shall be deemed to be correctly dressed if his dress com plies with the following:—

(i) a shirt (or blouse for women drivers) with collar and sleeves, made of closely woven material, shall be worn. The shirt (or blouse) must not be worn outside trousers or skirt unless designed for that purpose;

(ii) a sweater and a jacket and tie may be worn if desired;

(iii) trousers or Bermuda shorts shall be worn with socks or solid colour knee-length stockings re spectively;

(iv) skirts or dresses of or near knee-length may be worn by women drivers;

(v) dress shoes, boots or moccasin shoes shall be worn, but not leisure shoes, sneakers or foot coverings likely to cause the driver to lose con trol of the taxi, such as flip flops, clogs or san dals;

(vi) only head gear with a brim or peak may be worn;

(vii) articles of dress made of dungarees or denim or which are multicoloured may not be worn.

A driver shall not be deemed to be neat and clean in appearance if his hair is braided or, in the case of a women driver, if curlers or rollers are worn in the hair;

(b) shall, while the taxi is actually hired or is standing or plying for hire, either —

(i) wear in a prominent position an identification badge issued by the Minister on payment of a prescribed fee, which badge shall bear a photo graphic likeness of the driver; or

(ii) display such badge in a conspicuous place in side the taxi;

(c) shall refrain from smoking while any passenger is in the taxi unless the consent of the passenger is first ob tained;

(d) shall ensure that while a passenger is being carried in the taxi any radio other than a radio telephone installed or carried in the taxi is not used without the consent of the passenger.

No advertising matter in or on taxi

13 No advertising matter of any description whatsoever shall be dis played in or on any taxi:

Provided that a taxi hired by a tourist agency for the carriage of passengers disembarking from or re-embarking on a ship calling at Bermuda may, subject to such conditions as the Minister may from time to time impose, have displayed on the windscreen a distinctive sticker of such size, design and colour as the minister may from time to time ap prove.

Carriage of baggage

14 (1) Light baggage (that is to say, light suitcases, parcels, hat boxes, attache cases and similar articles) may, without prejudice to anything in paragraph (3), be carried inside a taxi, and if so carried,
shall be carried free of charge.

(2) Any baggage carried in the luggage boot or grid, or on the roof of a taxi may be charged for at a rate not exceeding twenty-five cents for each article.

(3) It shall be in the absolute discretion of the driver of a taxi to refuse to carry any article of baggage or to refuse to carry any article of baggage in a particular part of the taxi—

(a) where the nature or condition of the article makes it likely that damage will be caused to the taxi or its fur nishings; or

(b) where the article cannot be conveniently or safely car ried.

(4) The charges prescribed in the foregoing provisions of this regulation shall not be payable by the hirer of a taxi unless the driver has recorded the amount of such charges on the dial of the taximeter.

Carriage of animals

15 (1) It shall be in the discretion of the driver of a taxi to refuse to carry any animal, whether or not the animal is carried in a cage, crate or basket.

(2) An animal not carried in a cage, crate or basket may be car ried free of charge inside the taxi.

(3) Where an animal is carried in a cage, basket or crate such cage, basket or crate shall, for the purposes of regulation 14, be treated as baggage and regulation 14 shall apply accordingly; but no charge shall be made in respect of the carriage of the animal as such.

Lost property

16 (1) Any person who finds property accidentally left in a taxi shall immediately hand it in the state in which he finds it to the driver of the taxi, who shall deal with it in accordance with this regulation,

(2) On the termination of any journey the driver shall as far as practicable search the taxi for any property left therein and shall hand such property together with any property handed to him in accordance with paragraph (1) to the police officer in charge of a police station:

Provided that if, before such property is handed to a police offi cer in charge of a police station, it is claimed by a person who satisfies the driver or the taxi operator that he is the owner, it shall be returned to that person forthwith, without fee or reward, on his giving his name and address to the driver or operator who shall, as soon as may be, report the facts and give the claimant's name and address and a description of the property to the police officer in charge of a police station.

What records must be kept and for how long

17 (1) It shall be the duty of—

(a) the person operating a taxi service; or

(b) in the case of a taxi working under the general directions of a taxi dispatching agency, the person operating the agency,

to maintain a record of such particulars and in such form as may be prescribed by the Minister by notice published in the Gazette.

(2) Particulars required to be entered in the record shall be duly entered therein in ink within twenty-four hours of their occurrence.

(3) Any record so made shall be retained by the taxi operator or agency for at least six months.

Inspection of records

18 A taxi operator or the operator of a taxi despatching agency, as the case may be, shall produce for inspection the record prescribed in regulation 17 whenever requested to do so by any police officer of or above the rank of sergeant or by any person authorized in writing by the Minister in that behalf.

Minister may specify number of taxis to be reserved for hire to pub lic for particular journeys

19 The Minister from time to time may specify by order the number of taxis which shall be reserved by the operator of a taxi service for hire to the public for particular journeys; and the operator shall not hire taxis for periods of time in such manner as to reduce below the number speci fied in the order the number of taxis which is available for hire to the public for particular journeys.

Continuous periods of driving; limits and rest periods

20 (1) No person shall drive a taxi or cause or allow any person employed by him or subject to his orders to drive a taxi—

(a) for any continuous period of more than five hours; or

(b) for continuous periods amounting in the aggregate to
more than ten hours in any period of twenty-four hours commencing two hours after midnight; or

(c) so that the driver has not at least ten consecutive hours for rest in any period of twenty-four hours calculated from the commencement of any period of driving:

Provided that it shall be a sufficient compliance with this sub-paragraph if the driver has at least nine consecutive hours of rest in any period of twenty-four hours where he has an interval of at least twelve consecutive hours for rest in the next following period of twenty-four hours.

(2) For the purposes of this regulation—

(a) any two or more periods of time spent in driving shall be deemed to be a continuance period unless separated by an interval of not less than half an hour in which the driver is able to obtain rest and refreshment.

(b) any time spent by a driver of a taxi—

(i) in or about the taxi during any time the taxi is at the disposal of a hirer; or

(ii) on other work in connection with the taxi, in cluding its maintenance and repair,

shall be reckoned as time spent in driving.

(3) Notwithstanding anything in the foregoing provisions of this regulation, a person shall not be liable to be convicted under this regula tion if he proves to the court before which proceedings under this regu lation are taken that the contravention was due to unavoidable delay in the completion of any journey arising out of circumstances which he could not reasonably have foreseen.

Compensation where hiring not taken up

21 (1) Where a taxi after being hired in respect of a particular journey or for a period of time less than one day is duly made immedi ately available to the hirer at the time and place appointed by him, and the hirer, not having cancelled the hiring within a reasonable time before it is due to commence, refuses, or fails within a reasonable time, to avail himself of the use of the taxi—

(a) the driver of the taxi shall be entitled to abandon the hiring; and

(b) if the hiring is so abandoned, the hirer shall be liable to pay (in lieu of any legal charge incurred in respect of the hiring) a sum of seventy-five cents by way of compensa tion to the person operating the taxi, and any such sum may, if not otherwise recovered, be recovered summarily before a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15].

(2) For the purpose of this regulation, where an employee of a hotel, guest house, club, restaurant or similar organization hires a taxi on behalf of a guest or customer, the owner or manager of the organiza tion shall be deemed to be the hirer of the taxi.

Offences by hirer

22 (1) No person—

(a) shall hire a taxi, knowing or having reason to believe that he cannot pay the legal charge and with intent to avoid payment of the legal charge; or

(b) shall fraudulently endeavour to avoid payment of a legal charge lawfully due from him; or

(i) refuse to give the driver of the taxi an address at which he can be found; or

(ii) give, with intent to deceive, a false address.

(2) The whole or any part of any fine imposed in respect of the breach of this regulation may be applied in compensation to the driver.

Taxi not to stand on highway more than 30 minutes unattended

23 No person shall cause or allow any taxi to stand on any highway for a period exceeding half an hour unless it has a driver therein.

SCHEDULE (Regulation 3)

Legal Charges Scale

1 Where the taxi is hired in respect of a particular journey, the le gal charge payable is the amount obtained from the application of the following scale duly recorded by the taximeter:

For the first one-seventh of a mile or part thereof (initial charge)	$3.12
For each subsequent one-seventh of a mile or part thereof (meter advances)	$0.24

First five minutes before commencement of journey	FREE
For each subsequent period of three minutes or part thereof	$1.00

	CHARGE
4-SEATER TAXI
one to four passengers	$30.00
6-SEATER TAXI
one to four passengers	$30.00
five to six passengers	$42.00

Bermuda Consolidated Legislation

Motor Taxi Regulations 1952