Log In

Reset Password
BERMUDA | RSS PODCAST

Senators pass Motor Car Act changes

Having too much tint on your car windows or an excessively noisy bike could now result in your vehicle being seized.

Legislation passed by the Senate yesterday expands the list of offences for which a vehicle can be impounded.

It also establishes a permit fee for private businesses seeking to run authorised impound lots. The Motor Car Amendment Act 2014 includes impounding vehicles if the driver is impaired, refuses to give a sample for drugs or alcohol testing, driving while disqualified and failing to give a name.

But your vehicle can also be seized if it is unsafe and for “obnoxious smells”, “unnecessary noise” or “excessive tint”, One Bermuda Alliance Senator Nalton Brangman, Junior Minister of Tourism Development and Transport, told the Senate.

“This will bring Bermuda in line with other jurisdictions,” he said. “We’re calling on all drivers to drive safely and legally.

“There were consultations with chief stakeholders, such as the Road Safety Council, to make sure we beef up regulations.”

OBA Senator Jeff Baron, Junior Minister of National Security and Legal Affairs, said the amendment ensured that vehicles were in “safe keeping” in the event of an incident — important given the high rate of motorcycle thefts on the Island.

He added: “Obnoxious smells, illegal mufflers ... those speak to the safety of vehicles and can endanger passengers and drivers.”

Progressive Labour Party Senator Diallo Rabain said the Opposition had “no major objections” to the amendment, but questioned who would have to pay release fees for seized vehicles if the driver turned out to be innocent of an offence.

He said: “What happens when your car has been impounded for illegal tint and it turns out that the tint is not illegal?

“What is the recourse for the driver’s costs and inconvenience? It’s the same if you’re stopped for a DUI and you take a breathalyser and aren’t under the influence — you’re now faced with getting your vehicle back.”

Mr Rabain queried whether a company had already been selected to run an impound lot. “I encourage the public to watch this space to see who pops up,” he said. “Who has approached government and said, ‘we’re ready to be an impounder once this has been passed’?”

Independent Senator James Jardine also raised questions about fees, asking if the victim of an accident would then be charged for getting their vehicle back.

“If someone is in an accident and their bike is impounded, who pays that fee?” he asked. “It wouldn’t be nice to come out of hospital with a broken leg and be faced with a bill for impounding.”

Mr Brangman responded that vehicle owners would have to pay for impound release but an appeals process would rest with the police. He added that no decision had been made regarding companies who would run an impound lot.

“I’m not aware of who has approached Government regarding setting up an impound facility,” he said.

“There won’t be any preselected companies or individuals involved. The responsibility of impounding will be transferred to a private company but the police will retain the power to order impounding.”