Bermuda's Government is Seeking Legal Advice on Operation of New Riding Sharing App

HAMILTON, Bermuda - The Bermuda government is seeking legal advice over the operation of a ridesharing app that is  being launched here as well as in several other Caribbean countries.

logomIsland: GO! said on its website that it was “now live in Bermuda” and was also launching in several Caribbean countries including the British Virgin Islands, Turks and Caicos, Barbados, the US Virgin Islands, Aruba and St Lucia.

According to the terms and conditions posted on its website, Island: GO! said it operates as a “decentralised, autonomous platform facilitating private carpooling service and that 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.”

“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.”

Under Section 26 of the Motor Car Act 1951, it is illegal for private motor cars to carry passengers for hire or reward and that only vehicles defined as public-service vehicles can carry passengers for payment.

In March, Transport Minister Wayne Furbert said the government would introduce legislation to allow ridesharing, but that has yet to be tabled.

In a statement, a spokesman for the Ministry of Transport and the Transport Control Department, said questions regarding Island GO!’s operations in Bermuda echo the concerns recently raised by the ministry.

“The ministry and the Transport Control Department have not received any correspondence or had conversations with a representative of Island: GO!,” the spokesperson said, adding that the ministry is 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.”