20 June 2012 Government Notices

TAKE NOTICE of a Special Session of The Liquor Licensing Authority for the Central District on the 12th day of July, 2012 at 9:15 a.m. at Hamilton Magistrates’ Court No. 1, to hear the application of Aaron Sims / Cruises For All Occasions for the grant of a Tour Boat Licence in respect of M.V. Elizabeth. 

The Manager of the Business is Aaron Sims.

Any person ordinarily resident in the Parish or any owner or occupier of any property lying within three hundred yards of the premises in respect of which this application is made may object to the grant of the license provided written notice containing, in general terms, the grounds of the objection is served on The Chairman of The Liquor Licensing Authority, The Commissioner of Police and The Applicant not less than three days before the hearing.

Pursuant to Part II of the Clean Air Rules 1993, application has been made to the Environmental Authority for a permit to construct a controlled plant as follows:

NAME OF APPLICANT

Travis Lewis

ADDRESS OF THE PROPOSED

CONTROLLED PLANT

7 Wilderness Lane

Smith’s  FL 06

DESCRIPTION OF PROPOSED

CONTROLLED PLANT

One 1.3 kW photovoltaic electricity generator

This application is available for inspection at the Department of Environmental Protection during normal working hours.  Any person wishing to object to the proposed plant may, within 14 days of the date of this publication, lodge their objection with the Department of Environmental Protection, 169 South Road, Paget DV 04.  Letters of objection must state the name and address of the objector; the grounds of the objection; whether the objector has an interest in land near to that which the application relates; and be signed by the objector.

DATE: 12 June 2012

WHEREAS Article 152 provides that, where any provision of the Air Navigation (Overseas Territories) Order 2007 (the Order) provides for the Governor to grant a certificate, licence or other document if he is satisfied as to matters specified in the provision, he shall before determining whether to effect that grant, publish the requirements which he considers relevant to determining his satisfaction in respect of those matters, the Governor hereby gives notice that: 

1.The requirements of the following legislation, international instruments, and means of compliance therewith are to be considered before determining whether to grant a certificate, licence or other document under the Order: 

(1)Legislation & International Standards

The Articles and Annexes of the Chicago Convention on International Civil Aviation;

The Civil Aviation Act 1949 (Overseas Territories) Order 1969, amended 1968, 1971, 1978 and 1982;

The Civil Aviation Act 1971 (Overseas Territories) Order 1976;

The Civil Aviation Act 1982 (Overseas Territories) Order 2001;

The Air Navigation (Overseas Territories) Order 2007, as amended;

The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2001;

Air Navigation (Overseas Territories)(Environmental Standards) Order 2004 (SI 2004 No. 3337).

(2) Means of Compliance 

The following Bermuda Airworthiness Requirements (BARs), CAA Civil Aviation Publications (CAP), European Aviation Safety Agency (EASA) Regulations, Overseas Territories Aviation Requirements (OTARs) and Joint Aviation Requirements Operations (JAR OPS) are the declared means of compliance, appropriate to the Bermuda situation, in the areas specified:-

a. Aircraft Maintenance, Airworthiness and Certification

BARs

EASA Part 21 Design Organisation Approvals and Production Organisation Approvals

EASA Part 145 Maintenance Organisation Approvals

OTAR 1 Definitions, Abbreviations and Units of Measurement

OTAR 13 Occurrence Reporting

OTAR 21 Certification of Products

OTAR 36 Aircraft Environmental Standards

OTAR 39 Continued Airworthiness Requirements

OTAR 43 General Maintenance Requirements

OTAR 47 Aircraft Registration and Marking

OTAR 145 Aircraft Maintenance Organisation Approval

b. Aircraft Operations

EU OPS 1 Commercial Transportation by Aeroplane 

OTAR 77 Activities Affecting Airspace

OTAR 91 General Operating Instructions

OTAR 92 Carriage of Dangerous Goods

OTAR 119 Air Operator Certification

OTAR 121 Commercial Air Transport Operations – Large Aeroplanes

OTAR 125 Complex General Aviation including Corporate Operations

OTAR 135 Commercial Air Transport Operations – Helicopters and Small Aeroplanes

c. Aerodromes and Air Traffic Services

CAP 772 Birdstrike Risk Management for Aerodromes

OTAR 139 Certification of Aerodromes

OTAR 140 Rescue and Fire Fighting Services Approval

OTAR 171 Aeronautical Telecommunication Services

OTAR 172 Air Traffic Service Organisation Approval

OTAR 173 Flight Checking Organisation Approval

OTAR 174 Meteorological Services for Aviation

OTAR 175 Aeronautical Information Service

OTAR 176 Instrument Approach Procedure Approval

d. Personnel Licencing

CAP 624 Standards for Air Traffic Controllers

EASA Part 66 Certifying Staff

EASA Part 147 Training Organisation Requirements

OTAR 61 Pilot Licences and Ratings

OTAR 63 Flight Engineer Licences and Ratings

OTAR 65 Air Traffic Service Personnel Licences and Ratings

OTAR 66 Aircraft Maintenance Personnel Licencing

OTAR 67 Medical Standards and Recognition of Medical Examiners

2.This Notice replaces any earlier Notice under Article 152 of the Order.

Made this 11th day of June, 2012

His Excellency 

THE BERMUDA MONETARY AUTHORITY in exercise of the powers conferred upon it by virtue of Section 41(1)(a) of the Insurance Act, 1978 (“the Act”), hereby cancels, at the request of the insurer(s) listed below, the respective Class 1 insurer registration granted to the said insurer(s) under the Act:-

GOLD CUBE INSURANCE LIMITED

BY ORDER OF THE BERMUDA MONETARY AUTHORITY

Dated this 30th day of March 2012

Notice is hereby given that JULIE ANN DOWNEY, LISA ALWYN MCINTOSH and DANIELLE ANN DOWNEY all Bermudians are applying to the Minister responsible for Immigration as constructive trustee for sanction to acquire 0.288 of an acre of land together with a dwelling house thereon erected known as “Granville” situate at #26 Long Bay Lane in Sandy’s Parish on behalf of Lisa McIntosh non-Bermudian husband ALASDAIR MCINTOSH.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister responsible for Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 4th July, 2012.

Notice is hereby given that MARGARET LAUN an American citizen is applying to the Minister responsible for Immigration for sanction to acquire by voluntary conveyance 0.458 of an hectare of land together with a dwelling house thereon erected known as “Greenlands” situate at No. 13 Shore Lane in St. George’s Parish in joint tenancy with her mother, Margaret Laun present owner of the property. 

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister responsible for Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 4th July, 2012.

Chair:- Wor. Archibald B. W. Warner

Deputy Chair:- Mr. Ralph York

Ms. Kelly Francis

Mr. Scott Pearman

Ms. Tanya Esdaille

Ms. Tammy Simmons

Ms. Laverne Furbert

Ms. Zayna Foggo

Mr. Leslie Tucker

Mr. Carlton Dill

Mr. Percival Ratteray

1Citation

2Interpretation

3Payment of fare

4Evading payment

5Failure or refusal to pay or produce fare

6Fraudulent alteration

7Fraudulent sale or purchase of fare-media

8Offensive behaviour

9Offensive weapons

10Wilful damage

11Unlawfully moving an omnibus

12Dangerous articles

13Throwing objects from an omnibus

14Obstructive articles

15Prohibition of smoking

16Prohibition of loitering

17Entering or leaving an omnibus while in motion

18Refusing to leave an omnibus when full

19Improper dress

20Reserved seating

21Lost property

22Animals

23Gambling

24Offering for sale

25Revocation

The Minister responsible for transport, in exercise of the power conferred by section 9 of the Public Transportation Act 1951, makes the following Regulations:

Citation

1These Regulations may be cited as the Omnibus (Conduct) Regulations 2012.

Interpretation

2In these Regulations—

“authorized person” means a bus operator or a supervisor in the Department acting

in the execution of his or her duties in connection with the provision of passenger services;

“bus operator” means a person who is responsible for driving an omnibus;

“child” means a person who has attained the age of five years but has not attained the age of 16 years;

“Department” means the Department of Public Transportation;

“Department facility” means a bus stop, bus depot, the Central Terminal in the City of Hamilton and the Department Headquarters;

“Director” means the Director of the Department of Public Transportation;

“disabled person” means a person who has any degree of physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect or illness, including amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog, wheelchair or other remedial appliance or device;

“fare” means the fare prescribed in regulation 4 of the Government Omnibus (Fares) Regulations 1952;

“fare-box” means a box of any description that the Department determines is suitable for receiving coins, tickets or tokens for travelling on an omnibus;

“fare-media” means any ticket, token or pass issued by the Department and includes a monthly pass, a multi-day pass, a student pass and a transfer pass;

“Minister” means the Minister responsible for transport;

“monthly pass” means a pass issued by the Department for the duration of a calendar month;

“multi-day pass” means a pass issued by or on behalf of the Department for the duration of less than a calendar month in respect of any journey;

“omnibus” has the meaning given in the Motor Car Act 1951;

“passenger” means a person travelling in an omnibus and includes a person who intends to travel in an omnibus;

“reserved seat” means a seat reserved for a disabled person or a special person by Department notice in an omnibus;

“school” means any school or other educational institution approved by the Minister responsible for education;

“special person” means a person of or above the age of 65 years who is resident in Bermuda or a person who satisfies the Minister that he or she is suffering from a disability, whether physical or otherwise, which hinders him or her from embarking or disembarking an omnibus unaided;

“student” means any person under the age of 19 years who is enrolled in school;

“student pass” means a pass issued by the Department, free of charge, for a fixed period, in respect of any journey, to—

(a)a student in Bermuda; or

(b)a Bermudian who is not above the age of 18 years and who is a student overseas;

“supervisor” means a person responsible for supervising the operation of the omnibuses.

“ticket” and “token” mean a form of authorization issued by the Department for the conveying of any passenger on an omnibus;

“transfer pass” means a pass that allows the holder to transfer from one omnibus to another omnibus, on the same day, in order to complete his or her journey;

“valid monthly pass”, “valid multi-day pass”, “valid student pass” and “valid transfer pass” mean a monthly pass, a multi-day pass, a student pass and a transfer pass which—

(a)has not been mutilated or destroyed; and

(b)has not expired on the day of journey.

Payment of fare

3(1)When boarding an omnibus every passenger shall pay the fare for his or her journey by—

(a)depositing in the fare-box—

(i)the correct amount of fare in coins;

(ii)a valid ticket; or

(iii)a valid token; or

(b)exhibiting to the bus operator a—

(i)valid monthly pass;

(ii)valid multi-day pass;

(iii)valid student pass; or

(iv)special person’s card; or

(c)delivering a valid transfer pass to the bus operator.

Evading payment

4(1)A passenger who, with the intent to defraud, does not—

(a)deposit in the fare-box the correct amount in coins, a valid ticket or a valid token for his or her journey;

(b)exhibit to the bus operator a valid monthly pass, a valid multi-day pass or a valid student pass; or

(c)deliver to the bus operator a valid transfer pass,

commits an offence and is liable on summary conviction to a fine of $300 for the first offence and a fine of $500 for the second or any subsequent offence.

(2)Without prejudice to any proceedings under paragraph (1), a bus operator who has reasonable grounds to suspect that any person in an omnibus has not paid the appropriate fare for his or her journey may require that person to—

(a)immediately pay the appropriate fare; or

(b)leave the omnibus.

(3)Paragraph (2) does not apply to a child or a student.

Failure or refusal to pay or produce fare

5A passenger who, for his or her journey, fails or refuses when required by the bus operator to—

(a)deposit in the fare-box the correct amount in coins, a valid ticket or a valid token;

(b)exhibit to the bus operator a valid monthly pass, a valid multi-day pass or a valid student pass; or

(c)deliver to the bus operator a valid transfer pass,

commits an offence and is liable on summary conviction to a fine of $500.

Fraudulent alteration

6A person who, with the intent to defraud, alters, defaces or mutilates any ticket, token, monthly pass, multi-day pass, student pass or transfer pass commits an offence and is liable on summary conviction to a fine of $300.

Fraudulent sale or purchase of fare-media

7A person, other than a person duly authorized by the Department, who issues, sells or buys or attempts to issue, sell or buy any fare-media with the intent that he or she or any other person shall use that fare-media to travel on an omnibus commits an offence and is liable on summary conviction to a fine of $500 for the first offence and a fine of $1,500 for the second or any subsequent offence.

Offensive behaviour

8(1)A person in an omnibus or at a Department facility who—

(a)is intoxicated;

(b)uses offensive, indecent, obscene or profane language or makes an offensive or indecent gesture;

(c)writes, draws or affixes any offensive, indecent, obscene or profane words or characters on any part of an omnibus;

(d)spits or commits a nuisance;

(e)behaves in a disorderly, offensive or indecent manner;

(f)interferes with the comfort and convenience of any passenger in or leaving an omnibus; or

(g)wilfully obstructs or interferes with an authorized person performing his or her duty, or refuses to comply with any request given under these Regulations,

commits an offence and is liable on summary conviction to a fine of $500 for the first offence and a fine of $2,000 for the second or any subsequent offence.

(2)Without prejudice to any proceedings under paragraph (1), an authorized person may require such person to immediately leave an omnibus or a Department facility.

Offensive weapons

9(1)Any person who has on or about his or her person any offensive weapon in any omnibus or at any Department facility commits an offence and is liable on summary conviction to a fine of $1,000 for the first offence and a fine of $2,500 for the second or any subsequent offence.

(2)In this section “offensive weapon” means any article made or adapted for use for causing injury to the person or intended for such use by the person having it in his or her possession.

Wilful damage

10A person who wilfully—

(a)destroys, cuts, tears, soils, defaces or otherwise damages the interior or exterior of an omnibus; or

(b)destroys, defaces, damages or removes a notice board, a notice or an advertisement in an omnibus or at a Department facility; or

(c)defaces, moves or otherwise damages any other property of the Department used in connection with the operation of omnibuses,

commits an offence and is liable on summary conviction to a fine of $500.

Unlawfully moving an omnibus

11A person, other than a person authorized by the Department and acting in performance of his or her duties, who wilfully moves or sets into motion or attempts to move or set into motion an omnibus, commits an offence and is liable on summary conviction to a fine of $2,000.

Dangerous articles

12A person who takes into or places in, or causes or allows to be taken into or placed in any omnibus any inflammable, explosive or corrosive gas, spirit, substance or matter, or any other article or thing which is likely to be dangerous to any person or property, commits an offence and is liable on summary conviction to a fine of $1,000 for the first offence and a fine of $2,500 for the second or any subsequent offence.

Throwing objects from an omnibus

13A person who throws or drops from an omnibus any object or article that is likely to injure or damage any person or property commits an offence and is liable on summary conviction to a fine of $1,750.

Obstructive articles

14A person who takes or causes or allows to be taken, or causes or allows to remain in any omnibus any article or thing which in the opinion of an authorized person is likely to cause annoyance to another person in an omnibus, or to obstruct another person’s proper seating or passage, commits an offence and is liable on summary conviction to a fine of $300.

Prohibition of smoking

15(1)A person who smokes or carries a lighted or smouldering cigarette, cigar or pipe in an omnibus or at a Department facility commits an offence and is liable on summary conviction to a fine of $300 for the first offence and a fine of $1,000 for the second or any subsequent offence.

(2)Without prejudice to any proceedings under paragraph (1), a person who continues to smoke or carry a lighted or smouldering cigarette, cigar or pipe after being requested by an authorized person to stop doing so, will be asked to immediately leave an omnibus or a Department facility.

(3)This regulation does not apply to a person who smokes or carries a lighted or smouldering cigarette, cigar or pipe in an area of a Department facility which has been specially designated as a smoking area by the Department.

Prohibition of loitering

16(1)A person who, not being lawfully entitled to, loiters or remains in an omnibus or at a Department facility commits an offence and is liable on summary conviction to a fine of $300.

(2)Without prejudice to any proceedings under paragraph (1), a person who continues to loiter after being asked by an authorized person to leave an omnibus or a Department facility, may be required to leave the omnibus or Department facility.

Entering or leaving an omnibus while in motion

17A person who enters or leaves or attempts to enter or leave an omnibus while it is moving commits an offence and is liable on summary conviction to a fine of $500.

Refusing to leave an omnibus when full

18A person who, when requested by an authorized person not to do so, enters or remains in an omnibus that has the maximum number of passengers commits an offence and is liable on summary conviction to a fine of $300.

Improper dress

19A person who enters and remains in an omnibus—

(a)whose dress or person is in a condition that is likely to soil any seat or furnishings in an omnibus; or

(b)who is in an unfit or improper condition to travel in an omnibus,

and refuses to immediately leave when requested to do so by the bus operator, commits an offence and is liable on summary conviction to a fine of $300.

Reserved seating

20A person other than a disabled person or a special person who occupies a reserved seat and when doing so prevents a disabled person or a special person from occupying a reserved seat, commits an offence and is liable on summary conviction to a fine of $150.

Lost property

21A person who finds property accidentally left in an omnibus and does not give it to an authorized person before leaving an omnibus or Department facility, commits an offence and is liable on summary conviction to a fine of $300.

Animals

22(1)A person who takes or causes or allows to be taken, or causes or allows to remain in any omnibus any animal other than a guide dog commits an offence and is liable on summary conviction to a fine of $300.

(2)In this regulation, “guide dog” means a dog trained as a guide for a legally blind or blind person.

Gambling

23A person who bets, wagers or agrees to bet or wager, or pays, receives or settles bets or wagers with any person in an omnibus or Department facility, commits an offence and is liable on summary conviction to a fine of $400.

Offering for sale

24A person who sells or offers for sale any article at any Department facility or in an omnibus, without the written approval of the Director, commits an offence and is liable on summary conviction to a fine of $300.

Revocation

25The Government Omnibus Regulations 1952 are revoked.

Made this 13th day of June 2012

Minister of Transport