Government seeking legal advice over rideshare operation
The Government is seeking legal advice over the operation of a ridesharing app that claims to have launched in Bermuda.
Island: GO! said on its website that it was “now live in Bermuda” and was also launching in several Caribbean territories, including the British Virgin Islands, Turks & Caicos, Barbados, the US Virgin Islands, Aruba and St Lucia.
It is also advertising for a general manager, who will have “full responsibility for all facets of the company’s operations in Bermuda”.
The job description said the person would “ensure that all operations comply with local laws and regulations, including licensing, insurance and safety standards”.
Under Section 26 of the Motor Car Act 1951, it is illegal for private motor cars to carry passengers for hire or reward — only vehicles defined as public-service vehicles can carry passengers for payment.
In March, the transport minister, Wayne Furbert, said the Government would introduce legislation to allow ridesharing, but that has yet to be tabled.
Island: GO! said it was committed to fully complying with “all local laws and regulations” and said it was in talks with regulators.
A statement in response to queries from The Royal Gazette added: “Your questions regarding Island GO!’s operations in Bermuda echo the concerns recently raised by the Ministry of Transport and the Transport Control Department.
“We understand the importance of clear and open communication, especially as we navigate the evolving regulatory landscape for ridesharing services in Bermuda.
“Island GO! is committed to full compliance with all local laws and regulations.
“Our ongoing conversations with regulators demonstrate our dedication to working collaboratively to introduce safe and innovative transportation solutions that benefit the entire community.
“We believe that ridesharing services can offer significant benefits to residents and visitors alike, and we look forward to continuing our work with local stakeholders to make this a reality.”
However, a spokeswoman for the Ministry of Transport said: “The ministry and the Transport Control Department have not received any correspondence or had conversations with a representative of Island: GO!”
She said the ministry was also “seeking legal advice from the Attorney-General’s Chambers” about the company’s operations.
“This is a reminder for local private-car drivers who are considering driving for Island: GO! that it is unlawful for private motor cars to carry passengers for hire or reward, whether by way of app or cash.
“Only vehicles with valid public-service vehicle permits can legally carry passengers for hire and reward.
“To operate a private motor car for hire or reward may nullify your insurance policy. The public's co-operation is essential in maintaining the integrity and safety of Bermuda's transport services.”
According to the terms and conditions on its website, Island: GO! operates as a “decentralised, autonomous platform facilitating private carpooling services”.
The website said: “The application connects private individuals for ride-sharing purposes to reduce traffic congestion and provide an affordable transportation alternative. Island: GO! does not provide transportation services directly but acts solely as a technology platform.
“Island: GO! is not a taxi, tour, omnibus, watersports, contract hire/school bus or limousine service. The application does not offer tours, bus services, taxi hire or contract hire services. It is exclusively a platform for private carpooling.”
It adds: “Island: GO! endeavours to comply with applicable laws and regulations. Users are individually responsible for ensuring compliance with their local laws while using the application.
“Island: GO! does not guarantee that the use of the application is lawful in any specific territory.”
In March, Mr Furbert announced that Cabinet had authorised 150 rideshare permits for holders of a Public Service Vehicle Licence and that legislation would be revised to recognise and regulate ridesharing as a legitimate mode of transportation.
He said a rideshare-permitted vehicle would be able to operate daily from April 1 to September 30 and during the rest of the year on weekends, starting on Fridays, and public holidays.
Mr Furbert said: “One crucial condition of the rideshare permit is that permit holders are only allowed to be dispatched through an online platform, ensuring a controlled and orderly ridesharing service.
“It is our intention to put this programme in place for a one-year pilot period so that adjustments can be made to ensure that we enhance the transportation.”
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