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MOTOR TAXI REGULATIONS 1952

SR&O 53 / 1952

[made under sections 37, 102 and 103 of the Motor Car Act 1951 and brought into operation on 15 January 1953]

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—

(a) which is automatically recorded on the dial of the taximeter fitted in the taxi when the taximeter is set in motion in pursuance of these Regulations; or

(b) which is specified in Schedule 2 in respect of shared service from the Bermuda International Airport to a destination within one of the zones specified in that Schedule;

“legal charge” has the meaning given in regulation 3;

“shared service” means a service at separate fares;

“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 pursuance 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 Schedule 1; 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 four dollars, on the dial of the taximeter. [Regulation 2 “fare” substituted, “shared service” inserted, “taximeter” amended, by BR 61/2004 effective 1 September 2004]

3. Legal charges for hiring taxi

(1) Subject to paragraphs (1A) to (1C), and without prejudice to regulation 21, the charge that shall be payable for the hire of a taxi (“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 set out in

Schedule 1; and

MOTOR TAXI REGULATIONS 1952

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

(1A) Notwithstanding paragraph (1)(a)—

(a) a person or persons, either individually or as a group, may elect to hire a taxi on a shared service basis from the Bermuda International Airport to a destination within a zone specified in Schedule 2; and

(b) if they so elect, a charge specified in Schedule 2 in respect of the zone in question shall be a legal charge instead of the legal charge referred to in paragraph (1)(a).

(1B) The fare payable by each person (or group of persons) electing shared service from the Bermuda International Airport to a destination within a zone specified in

Schedule 2 shall be the charge specified opposite the zone in that Schedule.

(1C) A taxi driver shall not, without reasonable excuse, refuse a hiring to two or more persons or groups of persons electing shared service to any destination or destinations within a zone specified in Schedule 2; but he may, with the agreement of the persons, wait for a reasonable period for other passengers to share the hiring.

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

(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 excess of that lower charge. [Regulation 3 para (1) substituted, (1A)-(1C) inserted, and (2) amended, by BR 61/2004 effective 1 September 2004]

4. Taximeter; starting and stopping

(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.

MOTOR TAXI REGULATIONS 1952

(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 purposes 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 immediately available to the hirer, the driver of the taxi shall cause the mechanism of the taximeter to be stopped during such period, as respect the recording or charges connected with the hiring.

(4) This regulation shall not apply to a taxi hired on a shared service basis.

[Regulation 4 para (4) inserted by BR 61/2004 effective 1 September 2004]

5. Daily and hourly hire

(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 period 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.

6. Maximum number of passengers

(1) It shall not be lawful to carry more than seven 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 interest 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 five years shall count as one passenger. [Regulation 6 paragraph (1) amended by BR 41 / 2014 reg. 2 effective 1 May 2014; Regulation 6 paragraph (3) amended by BR 35 / 2024 reg. 2 effective 1 April 2024]

MOTOR TAXI REGULATIONS 1952

7. Distinctive sign

(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 immediately 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

(c) is fitted on the outside and to the front of the roof above the vertical centre line of the windscreen; and

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

8. Taximeter must be approved type

(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 taximeter, 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 operated, 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—

MOTOR TAXI REGULATIONS 1952

(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 directions (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 pursuance 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, continue to operate the taxi until the defect is remedied or a new taximeter is fitted in it.

9. Display of notices in taxi

(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 illuminated when requested by the passenger to do so; and

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

MOTOR TAXI REGULATIONS 1952

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 complies 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 respectively;

(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 control of the taxi, such as flip flops, clogs or sandals;

(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 photographic likeness of the driver; or

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

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

(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.

MOTOR TAXI REGULATIONS 1952

13. Advertising matter on or inside a taxi

(1) No advertising matter of any description shall be displayed on a taxi.

(2) Electronic advertising matter may be displayed inside a taxi and the manner of advertising shall approved by the Board.

(3) 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 conditions the Minister may impose, have displayed on the windscreen a distinctive sticker of such size and design and colour as the Minister may approve.

[Regulation 13 revoked and substituted by BR 41 / 2014 reg. 3 effective 1 May 2014]

14. Carriage of baggage

(1) Light baggage (that is to say, light suitcases, parcels, hatboxes, attaché 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 one dollar 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 furnishings; or

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

(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.

[Regulation 14 para (2) amended by BR 61/2004 effective 1 September 2004]

15. Carriage of animals

(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 carried 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.

MOTOR TAXI REGULATIONS 1952

16. Lost property

(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 officer 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.

17. Keeping of records

(1) Every person operating a taxi despatching service and every taxi operator shall maintain a record of information which shall include—

(a) the total number of motor taxis using the mobile data terminals daily;

(b) the average number of trips made by each motor taxi per day;

(c) the average number of hours each motor taxi works per day;

(d) the number of calls requesting a motor taxi received by a despatching service each day;

(e) the number of calls sent by a despatching service to motor taxis to request the use of a motor taxi; and

(f) the most frequent pick up locations.

(2) Records that are gathered from mobile data terminals shall be stored by means of computer and sent by the operator of a despatching service to the Transport Control Department in electronic spreadsheet or in such other format as the Minister may determine, not later than 7 days after the end of each month or upon request by the Transport Control Department.

(3) Records that are required to be maintained under this regulation by the operator of a taxi despatching service and the taxi operator shall be retained for at least six months.

[Regulation 17 revoked and substituted by BR 52/2008 effective 22 August 2008]

Inspection of records

18 A taxi operator or the operator of a taxi despatching service, as the case may be, shall produce for inspection the record prescribed in regulation 17 whenever requested to

MOTOR TAXI REGULATIONS 1952

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.

[Regulation 18 amended by BR 52/2008 effective 22 August 2008]

Minister may specify number of taxis to be reserved for hire to public 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 specified in the order the number of taxis which is available for hire to the public for particular journeys.

20. Continuous periods of driving; limits and rest periods

(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, including 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 regulation if he proves to the court before which proceedings under this regulation are taken that the contravention was due

MOTOR TAXI REGULATIONS 1952

to unavoidable delay in the completion of any journey arising out of circumstances which he could not reasonably have foreseen.

21. Compensation where hiring not taken up

(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 immediately 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 compensation 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 organization shall be deemed to be the hirer of the taxi.

22. Offences by hirer

(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

(c) shall, having failed or refused to pay the charge demanded by the driver, either—

(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.

MOTOR TAXI REGULATIONS 1952

SCHEDULE 1

(regulation 3(1))

LEGAL CHARGES SCALE

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

Rate 1— MILEAGE Initial Charge $5.95 For each subsequent one-fifth of a mile or part thereof $0.65 (meter advances) Rate 2 — WAITING TIME

First 5 minutes before commencement of journey FREE For each subsequent period of 3 minutes $1.60 Rate 3 — SURCHARGE A Where any part of the hiring—

1 occurs between the hours of 10:00pm and 6:00 a.m. and the taxi a surcharge of carries up to 4 passengers; 25% of the

2 occurs between the hours of 6:00 a.m. and 10:00pm and the taxi total charge carries 5 to 7 passengers; or otherwise

3 occurs on a public holiday and the taxi carries up to 4 passengers payable under Rate 1 B Where any part of the hiring—

1 occurs between the hours of midnight and 6:00 a.m and the taxi a surcharge of carries 5 to 7 passengers; or 50% of the

2 occurs on a public holiday and the taxi carries 5 to 7 passengers total charge otherwise payable under Rate 1

2 Where the taxi is hired in respect of a period of time for a sightseeing tour, the legal charge payable for every hour or part thereof is—

4-SEATER TAXI

1 to 4 passengers $60.00

7-SEATER TAXI

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1 to 4 passengers $60.00

5 to 7 passengers $85.00 [Schedule 1 revoked and substituted by BR 41 / 2014 reg. 4 effective 1 May 2014; Schedule 1 amended by BR 35 / 2024 reg. 3 effective 1 April 2024]

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SCHEDULE 2

(regulation 3(1A))

LEGAL CHARGES FROM AIRPORT

CHARGE PER PERSON SPECIFIED ZONE DESCRIPTION OF ZONE OR GROUP Zone 1 Airport to Grotto Bay $8.50 Zone 2 Airport to Flatts or St. George $13.50 Zone 3 Airport to Cobb’s Hill or City of Hamilton $25.00 Zone 4 Airport to junction of South Road and Middle Road Southampton $30.00 Zone 5 Airport to Watford Bridge $36.50 Zone 6 Airport to Dockyard $42.00

[Schedule 2 revoked and substituted by BR 41 / 2014 reg. 5 effective 1 May 2014]

[Amended by:

1974 : 42 SR&O 13 / 1965 SR&O 25 / 1965 SR&O 18 / 1967 SR&O 9 / 1968

1968 : 222 SR&O 17 / 1969 SR&O 12 / 1972 SR&O 29 / 1974 SR&O 16 / 1975 SR&O 67 / 1975 SR&O 28 / 1977 SR&O 31 / 1977 BR 10 / 1978 BR 32 / 1980 BR 57 / 1981 BR 31 / 1984 BR 53 / 1987 BR 68 / 1988 BR 74 / 1996 BR 61 / 2004 BR 95 / 2007 BR 99 / 2007 BR 52 / 2008 BR 41 / 2014 BR 35 / 2024]