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PLP angry over late changes

Opposition Progressive Labour Party MPs accused Government of trying to bulldoze through last-gasp changes to the Auxiliary Bicycles Amendment (No. 3) Act 1995.

legislation on bike riders.

Opposition Progressive Labour Party MPs accused Government of trying to bulldoze through last-gasp changes to the Auxiliary Bicycles Amendment (No. 3) Act 1995.

The late amendments to the legislation -- a debate on which started last week -- include: Forbidding a Bermuda resident to drive a private -- or livery -- auxiliary bike without a valid driver's licence; and Ensuring people over 16 can only get such a driver's licence if they pass an approved driving exam.

Transport Minister Wayne Furbert said the legislation would give him power to approve bike riding programmes -- such as Project Ride -- under which people can get licences.

And Labour, Home Affairs and Public Safety Minister Quinton Edness pointed out people riding rented bikes would now be covered by the legislation.

But Opposition MPs said these changes to the bill were dropped on them at the last minute.

Shadow Minister of Works and Engineering Walter Roberts complained he did not even have a copy of the late amendments.

And Shadow Transport Minister Dennis Lister said he had received two different copies of the changes.

"I am surprised and shocked that Mr. Furbert intends to proceed with this today.'' He added: "I would have thought that for peace and prosperity he would have given us time to consider these amendments and not attempt to steamroll this issue through.

"To have dropped this in my lap is totally ridiculous and uncalled for. There is no way you can expect us to be cooperative. I don't know the full impact of these amendments.'' Opposition Leader Frederick Wade , for his part, urged Government not to "railroad'' the proposals through the House.

"We would like to have the chance to examine the amendments. I haven't even had the chance to read them.'' The controversy erupted as MPs resumed last Friday's debate in committee on the bill.

Mr. Lister moved that the committee rise, report progress and ask leave to sit again.

This, he said, would give the Opposition time to consider the implications of the late amendments.

But the motion failed 19 votes to 16.

Mr. Lister went on to complain Mr. Furbert's late amendments did not address concerns raised by the Opposition last Friday.

"It is like stopping a leak in the Titanic.'' He added: "The objective of the bill is to correct bad riding habits and encourage good riding habits. The feeling is that a test will not achieve that.'' Mr. Lister also complained that the legislation made no mention of tourists.

Mr. Edness said, under the legislation, the requirement for a valid driver's licence now covered rented bikes -- as well as privately owned ones.

And it only related to residents in Bermuda., "This means it does not include visitors. Clearly these amendments are not intended to deal with tourists, only to deal with local residents.

"The intention is to protect the lives of the young people on this Island.'' Mr. Edness said the legislation provided the Minister with the ability to licence programmes, such as Project Ride, through which people could get licences.

This obviated the need for someone to take a Transport Control Department test.

"Project Ride is broader in scope than the TCD competency test.'' One of the spin-offs of the legislation, said Mr. Edness, would be that youngsters would be encouraged to join Project Ride to they can get a certificate on their 16th birthday.

It would also spur schools into setting up programmes licensed by the Minister.

Shadow Education Minister Jennifer Smith protested that Project Ride was not specifically referred to in the legislation.

"Nowhere do I see the words Project Ride in the amendment.'' Mr. Roberts hoped Mr. Furbert would encourage Education Minister Jerome Dill to make Project Ride a mandatory course in each and every school.

It should not just be a programme offered outside school hours.

"I am suggesting that this section should be strengthened,'' he said.

Mr. Furbert indicated he would act on Mr. Roberts' suggestion.

Mr. Roberts went on to warn of the danger of not covering tourists by the legislation: It would expose Government to the threat of a lawsuit.

If a visitor on a hired auxiliary cycle was in an accident, a lawyer could point out to a court that tourists and Bermuda residents were treated differently.

After all, tourists did not have to pass a Government approved exam.

Minister of Technology and Information John Barritt said the beauty of the new legislation was that Project Ride was not specifically mentioned in it.

This meant other suitable riding schemes could be licensed by the Minister.

On the question of the lawsuit if a visitor was involved in an accident, Mr.

Barritt agreed there was no stopping the "creativity'' of lawyers.

Negligence suits were quite common.

But Mr. Barritt pointed out all visitors were informed of the risks of riding a bike and were required to sign waiver clauses.

Cycle liveries, added Mr. Barritt, were also required to give tourists training.

Mr. Furbert said the Minister had the power to refuse cycle liveries a licence if they failed to meet requirements expected of them.

He added cycle livery premises had to be suitable for training tourists.

Mr. Lister told Mr. Furbert he knew of one bike rental business on Front Street which did not have an adequate area for training.

"I have seen people put on the public roads for their testing.'' The legislation, with the new amendments, was then put to the vote.

It passed 20 votes to 17 on a straight split on party lines.