AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009 BERMUDA 2009 : 22

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1 BERMUDA 2009 : 22 AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009 [Date of Assent: 19 June 2009] [Operative Date: 1 April 2010] Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Short title 1 This Act, which amends the Auxiliary Bicycles Act 1954 (the principal Act ), may be cited as the Auxiliary Bicycles Amendment (No. 2) Act Amends section 1 2 Section 1 of the principal Act is amended by inserting the following definition in its proper alphabetical order Bermuda youth licence means a licence issued under section 9A;. Amends section 9 3 Section 9 of the principal Act is amended 1

2 (a) in subsection (1), by adding next after the word licence the words or Bermuda youth licence ; (b) in subsection (2), by adding next after the word licence the words or Bermuda youth licence ; and (c) in subsection (3), by deleting the word sixteen and substituting the word eighteen. Inserts sections 9A, 9B, 9C and 9D 4 The principal Act is amended by inserting the following next after section 9 Bermuda youth licence 9A (1) A Bermuda youth licence valid for driving a private auxiliary bicycle or a livery auxiliary bicycle shall be issued to any person over the age of sixteen years and under the age of eighteen years who (a) makes an application to the Minister; (b) produces a certificate that demonstrates successful completion of Project Ride; (c) produces a certificate of physical fitness; and (d) pays the fee prescribed in respect of a Bermuda youth licence. (2) A Bermuda youth licence issued under this section (a) shall bear on the face of it a photograph of the holder of the licence; (b) shall be in such form as determined by the Minister; (c) shall, subject to any provision of law relating to the cancellation or suspension of licences, expire three months after the holder s eighteenth birthday; and (d) shall not be renewable. (3) If any alteration occurs in respect of the name or address of the holder of a Bermuda youth licence issued under subsection (1) the holder shall inform the Minister and shall deliver up the licence to the Minister for amendment accordingly. (4) In this section Project Ride means a program established by the Minister for the purpose of educating young 2

3 persons in the safe and responsible use of auxiliary bicycles and road safety in general. Prohibition from carrying passenger 9B (1) No person under the age of eighteen years shall drive an auxiliary bicycle with a passenger. (2) No person shall cause or allow a person under the age of eighteen years to drive an auxiliary bicycle with a passenger. (3) No person shall be a passenger on an auxiliary bicycle driven by a person under the age of eighteen years. Restricted driving hours 9C (1) No person under the age of eighteen years shall drive an auxiliary bicycle between the hours of 1:00 a.m. and 5:00 a.m. (2) No person shall cause or allow a person under the age of eighteen years to drive an auxiliary bicycle between the hours of 1:00 a.m. and 5:00 a.m. Prohibition of driving by non-residents 9D No person under the age of eighteen years who is not a resident of Bermuda shall drive an auxiliary bicycle.. Amends section 10 5 Section 10 of the principal Act is amended by adding next after the words driver s licence wherever they occur the words or Bermuda youth licence. Amends section 16 6 Section 16 of the principal Act is amended by adding next after subsection (8) the following (8A) No auxiliary bicycle livery shall hire an auxiliary bicycle to any person under the age of eighteen years who does not hold (a) a valid Bermuda youth licence; or (b) a driver s licence issued to that person before the coming into operation of this subsection.. 3

4 Amends section 27 7 Section 27 of the principal Act is amended by adding next after the words auxiliary bicycle licence the words, Bermuda youth licence. Amends section 28 8 Section 28 of the principal Act is amended by adding next after the words auxiliary bicycle licences the words, Bermuda youth licences. Consequential amendment to the Government Fees Regulations The Schedule to the Government Fees Regulations 1976 is amended by adding the following next after Head 2 item (5) (5a) Issuing a Bermuda youth licence under section 9A $ Consequential amendment to the Traffic Offences (Penalties) Act The Traffic Offences (Penalties) Act 1976 is amended (a) in section 1 in the definition of driver s licence (i) (ii) by deleting the word or and substituting a comma; and by adding next after the words Auxiliary Bicycles Act 1954 the words or a Bermuda youth licence issued under section 9A of the Auxiliary Bicycles Act (b) in Schedule 1 by inserting the following next after the item on section 9(2) of the Auxiliary Bicycles Act 1954 Head 2: section 9B(1) Head 3: A person under 18 years of age driving with a passenger Head 6: discretionary - 6 months Head 2: section 9B(2) Head 3: Allowing a person under 18 years of age to drive with a passenger 4

5 Head 6: discretionary - 12 months Head 2: section 9B(3) Head 3: Passenger being driven by a person under 18 years of age Head 6: discretionary - 12 months Head 2: section 9C(1) Head 3: Person under 18 years of age driving during restricted hours Head 6: discretionary - 6 months Head 2: section 9C(2) Head 3: Allowing a person under 18 years of age to drive during restricted hours Head 6: discretionary - 12 months Head 2: section 9D Head 3: Driving of non-resident over 16 years of age and under 18 years of age Head 5: $400. Consequential amendment to the Traffic Offences Procedure Act Schedule 1 of the Traffic Offences Procedure Act 1974 is amended (a) in the item on section 9(1) of the Auxiliary Bicycles Act

6 (i) (ii) by inserting next after the word licence the words or Bermuda youth licence, and by inserting next after the reference 9(1) the words or section 9A ; (b) by inserting the following next after the item on section 9(2) of the Auxiliary Bicycles Act 1954 A person under 18 years of age driving an auxiliary bicycle while carrying a passenger contrary to the Auxiliary Bicycles Act 1954 section 9B(1) Allowing a person under 18 years of age to drive an auxiliary bicycle while carrying passenger contrary to the Auxiliary Bicycles Act 1954 section 9B(2) A passenger riding on an auxiliary bicycle contrary to the Auxiliary Bicycles Act 1954 section 9B(3) A person under 18 years of age driving an auxiliary bicycle between 1:00 a.m. and 5:00 a.m. contrary to the Auxiliary Bicycles Act 1954 section 9C(1) Allowing a person under 18 years of age to drive an auxiliary bicycle between 1:00 a.m. and 5:00 a.m. contrary to the Auxiliary Bicycles Act 1954 section 9C(2) Non-resident under 18 years of age driving an auxiliary bicycle contrary to section 9D ; and (c) in the item on section 10 of the Auxiliary Bicycles Act 1954, by inserting next after the word licence the words or Bermuda youth licence. Saving 12 A driver s licence issued under section 9 of the principal Act before the coming into operation of this Act to a person under the age of eighteen years at the time of issue is not invalidated by reason only of the amendment to section 9(3) of the principal Act. Commencement 13 This Act shall come into operation on such day as the Minister responsible for Transport may appoint by notice published in the Gazette. 6

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