QUOFATAFERUNT BERMUDA MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987 BR 54 / 1987 [made under section 37A of the Motor Car Act 1951 [title 21 item 4 ] and brought into operation on 1 November 1987] TABLE OF CONTENTS

1 Citation

2 Interpretation

3 Application for permit

4 Conditions for grant of permit

5 Conditions for operating a despatching service

5A Maintenance of records by despatching service

5B Inspection or audit of records of despatching service

5C Reports to the Board

5D Confidentiality

6 Despatching service may specify certain hours to be worked

7 Despatching service to submit agreement to Board

8 Charges for approved equipment to be approved by Board

9 Duties of drivers

10 Hours during which taxis must be available

11 Disciplinary action against driver and owner Citation

1 These Regulations may be cited as the Motor Car (Despatching Service) Regulations 1987. [Regulation 1 amended by BR 51/2008 effective 22 August 2008; Regulation 1 and Title amended by BR 40 / 2026 reg. 2 effective 29 April 2026] 1 MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987 Interpretation

2 In these Regulations—

“the Act” means the Motor Car Act 1951 [title 21 item 4];

“approved equipment” shall have the same meanining as approved equipment specified in an Order made pursuant to section 37A(1C) of the Act;

“two-way radio set” means a radio set capable of transmitting and receiving messages over the air waves. [Regulation 2 amended by BR 51/2008 effective 22 August 2008; Regulation 2 definition "approved equipment" amended by BR 40 / 2026 reg. 3 effective 29 April 2026] Application for permit

3 Every application for a permit to operate a despatching service shall be made in the form approved by the Public Service Vehicles Licensing Board. [Regulation 3 amended by BR 51/2008 effective 22 August 2008; Regulation 3 amended by BR 40 /

2026 reg. 4 effective 29 April 2026] Conditions for grant of permit

4 The Board may grant a permit to operate a despatching service where satisfied that—

(a) the applicant—

(i) has a minimum of 50 public service vehicles registered;

(ii) possesses the approved equipment and a digital network; and

(b) each motor taxi registered with the applicant is outfitted with the approved equipment. [Regulation 4 revoked and substituted by BR 51/2008 effective 22 August 2008; Regulation 4 revoked and replaced by BR 40 / 2026 reg. 5 effective 29 April 2026] Conditions for operating a despatching service

5.

(1) A despatching service shall be kept open for business each day, 24 hours a day.

(2) Where a despatching service uses a digital network in its operations, that despatching service shall—

(a) enable the digital network 24 hours a day;

(b) make provision for the digital network to—

(i) log the time of each request for transportation received;

(ii) first transmit each request for transportation to operators of motor taxis; 2 MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987

(iii) after 1 minute from the time of transmission under paragraph (ii), transmit a request for transportation to ridesharing operators;

(c) sufficiently manage the digital network, in relation to each public service vehicle to—

(i) track the location of a public service vehicle while transporting passengers;

(ii) track the mobile device of a person operating a public service vehicle where that mobile device is used for—

(A) navigation;

(B) communicating with the digital network;

(C) communicating with passengers;

(d) through its digital network—

(i) allow for the rating of a person operating a public service vehicle;

(ii) collect information related to demand for transportation and response times by public service vehicle operators;

(iii) facilitate payments for transportation. [Regulation 5 amended by BR 51/2008 effective 22 August 2008; Regulation 5 revoked and replaced by BR 40 / 2026 reg. 6 effective 29 April 2026] Maintenance of records by despatching service

5A.

(1) A despatching service shall—

(a) in relation to the operation of a motor taxi, registered with the despatching service, keep a record of—

(i) the times of reporting for duty and signing off of each operator;

(ii) each motor taxi despatched to provide transportation including—

(A) the licence number;

(B) the time of despatch;

(C) the time of completion of transportation;

(b) in relation to a ridesharing vehicle registered with the despatching service, keep a record of—

(i) each period that a ridesharing operator is connected to the digital network;

(ii) the licence plate number of each ridesharing vehicle;

(iii) the driver’s licence number of each ridesharing operator;

(iv) each ridesharing service provided. 3 MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987

(2) Nothing in paragraph (1) shall be deemed to affect regulation 17 of the Motor Taxi Regulations 1952.

(3) A despatching service shall maintain a record—

(a) under paragraph (1)(a), for a period of not less than six months from the date of the last entry;

(b) under paragraph (1)(b), for a period of not less than six months from the date that the ridesharing operator last connected to the digital network.

[Regulation 5A inserted by BR 40 / 2026 reg. 7 effective 29 April 2026]

5B. Inspection or audit of records of despatching service

(1) A despatching service shall, where requested, immediately furnish the Board with records maintained under regulation 5A.

(2) Notwithstanding paragraph (1), the Board may upon notice in writing to the despatching service, audit the records maintained under regulation 5A.

(3) A notice under paragraph (2) must—

(a) be issued a minimum of seven days prior to the date of commencement of an audit;

(b) state the location where the audit shall occur;

(c) specify the records that will be subject to the audit.

[Regulation 5B inserted by BR 40 / 2026 reg. 7 effective 29 April 2026]

Reports to the Board

5C A despatching service shall immediately report to the Board—

(a) the name of a motor taxi operator and the licence plate number of the motor taxi where that person has refused to obey any order to take a fare;

(b) the owner of a motor taxi which is withdrawn from the despatching service;

(c) the name of a public service vehicle operator and the licence plate number of the public service vehicle operated, where it is alleged that person has—

(i) breached any law;

(ii) acted in a discourteous manner.

[Regulation 5C inserted by BR 40 / 2026 reg. 7 effective 29 April 2026]

5D. Confidentiality

(1) A despatching service shall not disclose a passenger’s personally identifiable information to another company or individual. 4 MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987

(2) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

[Regulation 5D inserted by BR 40 / 2026 reg. 7 effective 29 April 2026]

Despatching service may specify certain hours to be worked

6 Every person operating a despatching service shall, upon giving not less than 24 hours’ notice, have the right to detail any motor taxi registered with that service to work certain hours to be specified by him. [Regulation 6 amended by BR 51/2008 effective 22 August 2008; Regulation 6 amended by BR 40 /

2026 reg. 8 effective 29 April 2026] Despatching service to submit agreement to Board

7 Every operator of a despatching service shall submit for approval of the Board any agreement governing the motor taxis registered with the service, and shall do so at the time when an application for a permit is made. [Regulation 7 amended by BR 51/2008 effective 22 August 2008; Regulation 7 amended by BR 40 /

2026 reg. 9 effective 29 April 2026] Charges for approved equipment to be approved by Board

8 Charges made by the operator of a despatching service against the owners of motor taxis for the use of two-way radios shall first be submitted to the Board for approval. [Regulation 8 amended by BR 51/2008 effective 22 August 2008; Regulation 8 amended by BR 40 /

2026 reg. 10 effective 29 April 2026] Duties of drivers

9 It shall be the duty of the driver of every motor taxi registered with a despatching service—

(a) to answer every call made to him by that service when be is on duty;

(b) to go to any place to which he has been reasonably despatched. [Regulation 9 amended by BR 51/2008 effective 22 August 2008; Regulation 9 amended by BR 40 /

10. 2026 reg. 11 effective 29 April 2026] Hours during which taxis must be available

(1) Subject to paragraphs (2) and (3), every motor taxi registered with a despatching service shall be made available for the conveyance of passengers for hire or reward not less than 16 hours a day unless there is a reason acceptable to the Minister for not making the motor taxi so available.

(2) The Minister may by notification in the Gazette vary the requirement of paragraph (1) to take account of seasonal variations in the demand for the services of motor taxis or in such other circumstances as the Minister thinks fit. 5 MOTOR CAR (DESPATCHING SERVICE) REGULATIONS 1987

(3) The Minister may, on application in writing by the owner of a motor taxi, grant to the owner permission to make his motor taxi available for periods other than those specified in paragraph (1) where the Minister is satisfied that in the circumstances of the case the new hours so permitted would not result in the under utilisation of the motor taxi concerned. [Regulation 10 amended by BR 51/2008 effective 22 August 2008; Regulation 10 amended by BR 40 /

11. 2026 reg. 12 effective 29 April 2026] Disciplinary action against driver and owner

(1) If the driver of a motor taxi fails to comply with regulation 9, the Board may take action against him under section 90(1) of the Act.

(2) If the owner of a motor taxi fails to comply with regulation 10, the Board may take disciplinary action against him and on being satisfied of the facts of the case, may cause his name and motor taxi to be removed from the register of the despatching service to which he and it had been registered. [Regulation 11 amended by BR 51/2008 effective 22 August 2008; Regulation 11 amended by BR 40 /

2026 reg. 13 effective 29 April 2026] [Amended by: BR 51 / 2008 BR 40 / 2026]