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Contents

Long Title

Part I REGISTRATION AND LICENSING OF VEHICLES

Part IA ROAD-USER CHARGES

Part II LICENSING OF DRIVERS

Part III LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS

Part IV GENERAL PROVISIONS RELATING TO ROAD TRAFFIC

Division 1 — Provisions as to driving and offences in connection therewith

Division 2 — Accidents

Division 3 — Miscellaneous

Part V PUBLIC SERVICE VEHICLES

Part VA LICENSING OF TAXI SERVICE OPERATORS

Part VB LICENSING OF BUS INTERCHANGE AND BUS DEPOT OPERATORS

Part VI PROVISIONS AS TO USE OF HIGHWAYS

Part VII MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Specified Acts

SECOND SCHEDULE Classification and Descriptions of Public Service Vehicles

THIRD SCHEDULE Specified offences

Legislative History

Comparative Table

 
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PART II
LICENSING OF DRIVERS
Licensing of drivers, etc.
35.
—(1)  Except as otherwise provided in this Act, no person shall drive a motor vehicle of any class or description on a road unless he is the holder of a driving licence authorising him to drive a motor vehicle of that class or description.
(2)  No person shall employ or permit another person to drive a motor vehicle on a road unless the person so employed or permitted to drive is the holder of such a driving licence.
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence.
(4)  An application for a driving licence shall be made in the prescribed form to the Deputy Commissioner of Police.
(5)  On an application for the grant of a driving licence, the applicant shall, in addition to any declaration required under this Act, state whether —
(a)
he has held a driver’s certificate or licence in any part of the world;
(b)
any such certificate or licence has been endorsed, suspended or cancelled;
(c)
he has been disqualified from holding a licence; and
(d)
he is under the provisions of this Act disqualified by reason of age or otherwise from obtaining the licence for which he is applying.
(6)  Subject to the provisions of this Part as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Deputy Commissioner of Police shall, on payment of the prescribed fee, grant a licence to any person who applies for it in the prescribed manner and makes a declaration in the prescribed form that he is not disqualified by reason of age or otherwise from obtaining the licence for which he is applying.
(7)  The Deputy Commissioner of Police shall grant a licence under subsection (6) except in the case of an applicant —
(a)
who is disqualified as provided under this section; or
(b)
to whom, in the opinion of the Deputy Commissioner of Police, it would not be in the public interest to grant a licence.
(8)  A driving licence may authorise the holder thereof to drive all classes of motor vehicles or such class or classes or such type or types within any class or classes as the Deputy Commissioner of Police may specify therein.
(9)  Where the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction shall be specified in the prescribed manner on the driving licence.
(10)  Subject to the provisions of this Act, unless earlier revoked or surrendered —
(a)
a driving licence or a renewal thereof granted to a person who is a citizen or permanent resident of Singapore shall remain in force for the lifetime of that person; and
(b)
a driving licence or a renewal thereof granted to a person who is not a citizen or permanent resident of Singapore shall remain in force for a period not exceeding 5 years from the date of such grant.
[21/2002]
(11)  Subsection (10) shall not apply to a provisional licence referred to in section 36(3).
[21/2002]
(12)  In subsection (10), “permanent resident” means a person who is not subject to any restriction as to his period of residence in Singapore imposed under the Immigration Act (Cap. 133).
[21/2002]
(13)  The Deputy Commissioner of Police may refuse to renew any driving licence, or may renew it for a period shorter than that provided for in subsection (10)(a) or (b), if he is satisfied —
(a)
that the holder of the driving licence has not complied with any process of court issued against him in respect of any offence committed by him under this Act or any written law specified in Part II of the First Schedule; or
(b)
that the holder of the driving licence has, pursuant to a warrant of court, been arrested in connection with an offence under this Act or any written law specified in Part II of the First Schedule and the offence has not been tried and determined by the court.
[1/99; 28/2001; 21/2002]
(14)  Subject to subsection (15), the Minister may, by notification in the Gazette, amend Part II of the First Schedule.
[8/94; 28/2001]
(15)  The Minister shall, before exercising his powers under subsection (14), consult the Minister responsible for the written law to which the amendment relates.
[8/94]
(16)  Where a driving licence has lapsed for a period of 3 years or more, the Deputy Commissioner of Police shall not renew the licence or grant a new licence to the person who held such a licence unless —
(a)
he passes the prescribed test of competence to drive; or
(b)
the Deputy Commissioner of Police is satisfied that, at some time within 3 years before the date of the application, the applicant has held a driver’s certificate or licence granted by the competent authority in any country authorising him to drive a motor vehicle of the class or description which he would be authorised to drive by the licence applied for.
[7/90]
(17)  A person shall be disqualified from obtaining a driving licence —
(a)
while another driving licence granted to him is in force whether the licence is suspended or not;
(b)
if he is, by a conviction under this Act or by an order of a court in Singapore or Malaysia, disqualified from holding or obtaining a driving licence.
(18)  In any proceedings, the fact that a driving licence has been granted to a person shall be evidence that the person for the purpose of obtaining the licence made a declaration that he was not disqualified from holding or obtaining the licence.
(19)  If any person is aggrieved by the refusal of the Deputy Commissioner of Police to grant a driving licence or by the revocation of a driving licence under section 37, he may, after giving the Deputy Commissioner of Police notice of his intention to do so, appeal to the Minister and on any such appeal the Minister may make such order as he thinks fit and any order so made shall be binding on the Deputy Commissioner of Police.
Power of Deputy Commissioner of Police to revoke driving licence
35A.
—(1)  The Deputy Commissioner of Police may revoke a driving licence if —
(a)
within a period of 12 months from the date of the grant of the licence, the record of the holder of the licence (as kept by the Deputy Commissioner of Police for the purposes of this section) as a driver of motor vehicles establishes that it would not be in the interests of public safety for him to continue to hold the licence, or that he is not competent to drive a motor vehicle;
(b)
the holder of the licence —
(i)
had, at any time before being granted that licence, committed an offence while driving a motor vehicle of a class or description which he was authorised to drive by virtue of another driving licence held by him at the time; and
(ii)
after being granted the first-mentioned licence, is dealt with by the court or the Deputy Commissioner of Police for the offence referred to in sub-paragraph (i) in such manner as would, by virtue of any rules relating to the prescribed test of competence leading to the grant of the first-mentioned licence, have caused him to be disallowed from taking such test had he been so dealt with for that offence before he took that test; or
(c)
the Deputy Commissioner of Police becomes aware of a circumstance that would have required or permitted him to refuse to grant a driving licence to any person, had the Deputy Commissioner of Police been aware of the circumstance immediately before granting the driving licence.
(2)  For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act.
[7/90]
(3)  The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[7/90]
(4)  The power conferred upon the Deputy Commissioner of Police by this section to revoke the driving licence of a person may be exercised at such time as the Deputy Commissioner of Police thinks fit after the maximum number of points, referred to in subsection (3), has been awarded against such person.
[7/90]
(5)  Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may revoke the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.
[7/90]
(6)  Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.
[7/90]
(7)  Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.
[7/90]
(8)  For the purposes of this section, a person shall be deemed to have committed an offence under this Act if he pays the prescribed penalty for that offence under section 132.
[7/90]
Licensee may show cause why driving licence should not be revoked
35B.
—(1)  The Deputy Commissioner of Police shall, before revoking a driving licence of a person under section 35A, give the person concerned notice in writing of his intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which such revocation shall be made and calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be revoked.
[7/90]
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to revoke the driving licence of such person pursuant to section 35A, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the revocation.
[7/90]
(3)  A person may, within 14 days of the receipt of the notice referred to in subsection (2), or within such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.
[7/90]
(4)  An order of revocation under section 35A shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
[7/90]
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
[7/90]
Surrender of driving licence
35C.
—(1)  The Deputy Commissioner of Police shall, upon revoking a licence under section 35A, require the licence to be surrendered to and retained by him.
[7/90]
(2)  Any person whose driving licence has been revoked under section 35A shall immediately surrender the driving licence to the Deputy Commissioner of Police.
[7/90]
(3)  Any person whose driving licence has been revoked under section 35A shall not drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
[7/90]
(4)  Any person who drives a motor vehicle on a road when his driving licence is revoked under section 35A shall be guilty of an offence.
[7/90]
Tests of competence to drive of new applicants for driving licences
36.
—(1)  A driving licence shall not be granted to any applicant unless he passes the prescribed test of competence to drive.
[9/85]
(2)  Notwithstanding subsection (1), the Deputy Commissioner of Police may grant a driving licence to an applicant who satisfies him that at some time within 3 years before the date on which he makes the application he has held a driver’s certificate or licence issued by the competent authority in any country authorising him to drive motor vehicles of the class or description which he would be authorised to drive by the licence applied for.
(3)  Subject to subsection (6), for the purpose of enabling the applicant for a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the Deputy Commissioner of Police may, if so requested by the applicant and on payment of the prescribed fee, grant to the applicant a provisional licence to be in force for a period of 6 months.
(4)  A provisional licence shall be in the prescribed form and granted subject to the prescribed conditions.
(5)  If any person to whom such a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.
(6)  A provisional licence to drive a motor cycle shall not be granted to any applicant unless he has completed a prescribed course of training to enable him to obtain a provisional licence.
[9/85]
(7)  The court before which a person is convicted of an offence under section 64, 65 or 65A may, whether he has previously passed the prescribed test of competence to drive or not and whether or not the court makes an order under section 42 disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified from holding or obtaining a licence to drive a motor vehicle until he has since the date of the order passed the test.
[11/96]
(8)  The provisions of this Act which have effect where an order disqualifying a person from holding or obtaining a driving licence is made shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications:
(a)
notwithstanding section 35(17) or 43(3), the person disqualified shall (unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section) be entitled to obtain and to hold a provisional driving licence to be granted under subsection (3) and to drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted;
(b)
the disqualification shall be deemed to have expired on production to the Deputy Commissioner of Police of evidence that the person has since the order was made passed the prescribed test;
(c)
on the return to the person disqualified of any driving licence held by him or on the issue to him of such a licence there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has since the order was made passed the prescribed test.
Provisions as to physical fitness of applicants for driving licences
37.
—(1)  On an application for the grant of a driving licence, the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a motor vehicle of such a class or description as he would be authorised by the licence to drive, to be a source of danger to the public.
(2)  If from the declaration it appears that the applicant is suffering from any such disease or disability as specified in subsection (1), the Deputy Commissioner of Police shall refuse to grant the driving licence.
(3)  A driving licence limited to driving an invalid carriage may be granted to the applicant if the Deputy Commissioner of Police is satisfied that he is fit to drive such a carriage.
(4)  The applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to a test as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorised by the licence to drive.
(5)  If the applicant passes the prescribed test and is not otherwise disqualified, the driving licence shall not be refused by reason only of the provisions of subsection (2), except that if the test proves his fitness to drive motor vehicles of a particular construction or design only, the driving licence shall be limited to the driving of such vehicles.
(6)  If it appears to the Deputy Commissioner of Police that there is reason to believe that any person who holds a driving licence is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a motor vehicle of any such class or description as he is authorised by the licence to drive, to be a source of danger to the public and, after making such inquiry as he considers necessary, the Deputy Commissioner of Police is satisfied that the licence holder is so suffering then, whether or not the licence holder so suffering has previously passed a test under this section, the Deputy Commissioner of Police may, after giving to the licence holder notice of such intention, revoke the driving licence.
(7)  The licence holder shall on receipt of such notice deliver the driving licence to the Deputy Commissioner of Police for cancellation.
(8)  The licence holder may, except in the case of such diseases and disabilities as may be prescribed, claim to be subjected to a test as to his fitness or disability to drive a motor vehicle and, if he passes the prescribed test, the driving licence shall not be revoked or, if it has already been revoked, shall be returned to the licence holder and the revocation thereof shall be rescinded.
(9)  Subject to the provisions of this Act, a driving licence or a renewal thereof referred to in section 35(10)(a) or (b) shall cease to be valid when the licence holder attains any of the prescribed ages, unless he has, before attaining such age, undergone the prescribed medical examination and is duly certified by a medical practitioner as being fit to drive a motor vehicle.
[21/2002]
Recognition of foreign driving licences and driving permits
38.
—(1)  Subject to the provisions of this Act, it shall be lawful for any of the following persons who holds a valid foreign driving licence to drive in Singapore, during the period specified in paragraph (a) or (b) (as the case may be), a motor vehicle of the class or description which the foreign driving licence authorises him to drive, notwithstanding that he does not hold a driving licence granted under this Part:
(a)
in the case of a person who, on or after the date of commencement of section 4 of the Road Traffic (Amendment) Act 2010, becomes a citizen or permanent resident of Singapore, a period of 3 months commencing from the date on which he is issued with a certificate of citizenship pursuant to the Constitution of the Republic of Singapore or an entry permit pursuant to the Immigration Act (Cap. 133) (as the case may be);
(b)
in the case of a person who —
(i)
is neither a citizen nor permanent resident of Singapore; and
(ii)
is resident outside Singapore but is temporarily in Singapore,
a period of 12 months commencing from the date of his last entry into Singapore.
(2)  It shall be lawful for —
(a)
a member of a visiting force; or
(b)
a member of a civilian component of such visiting force,
who holds a driving permit issued to him by a competent authority of the country of the visiting force to drive in Singapore a motor vehicle belonging to the country of the visiting force which is of the class or description specified in the driving permit, notwithstanding that he does not hold a driving licence granted under this Part.
[1/99]
(3)  In this section —
“permanent resident” means a person who is not subject to any restriction as to his period of residence in Singapore imposed under the Immigration Act (Cap. 133);
“visiting force” and “civilian component” shall have the same meanings as in the Visiting Forces Act (Cap. 344).
Production of driving licences
39.
—(1)  Any person driving a motor vehicle on a road shall, on being so required by a police officer, produce his driving licence for examination so as to enable the police officer to ascertain his name and address, the date of issue and the authority by which it was issued, and if he fails to do so he shall be guilty of an offence.
(2)  Notwithstanding subsection (1), if within 24 hours after the production of his driving licence was so required, the licensee produces the licence in person at such police office or police station in Singapore as may be specified by the police officer at the time its production was required, the licensee shall not be convicted of an offence under this section.
(3)  Subsection (2) shall not apply to a paid driver or to the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods.
Possession of driving licence belonging to another person
40.
—(1)  If the Deputy Commissioner of Police has reasonable cause to believe that a driving licence is in the possession of any person other than the person to whom it was issued, he may, by notice in writing served personally on the person in whose possession the licence is alleged to be, require him immediately to deliver the driving licence to the Deputy Commissioner of Police who shall, in the absence of any reason to the contrary, deliver the driving licence to the person to whom it was issued.
(2)  Any person who fails, without reasonable cause, to comply with a notice under subsection (1) shall be guilty of an offence.
Paid drivers to attend when required
41.
—(1)  Every paid driver shall, if so required in writing by the Deputy Commissioner of Police, attend at the office of the Deputy Commissioner of Police and, if so required, shall permit impressions of his fingers to be taken and produce his driving licence.
(2)  Any person who fails, without reasonable cause, to comply with the requirements of this section shall be guilty of an offence.
Disqualification for offences
42.
—(1)  A court before which a person is convicted of any offence in connection with the driving of a motor vehicle may, in any case except where otherwise expressly provided by this Act and shall, where so required by this Act, order him to be disqualified from holding or obtaining a driving licence for life or for such period as the court may think fit.
(2)  Where a person (referred to in this section as the offender), is convicted of an offence under section 267B, 304, 304A, 323, 324, 325, 326, 341, 342, 350, 352, 426 or 427 of the Penal Code (Cap. 224) and —
(a)
at the time of the commission of the offence the offender was the driver or was in charge of a motor vehicle on a road or other public place;
(b)
the person against whom the offence was committed was the driver of another vehicle on the road or public place, a passenger in that other vehicle or a pedestrian on the road or public place;
(c)
the court convicting the offender of the offence is satisfied that the commission of the offence arose from or was connected with a dispute between the offender and that other person over the use of the road or public place; and
(d)
having regard to the circumstances under which the offence was committed and the behaviour of the offender, the court is of the opinion that it is undesirable for the offender to continue to be allowed to drive a motor vehicle,
the court may, in addition to imposing on the offender the punishment provided for such offence, make an order disqualifying him from holding or obtaining a driving licence for life or for such period as the court may think fit.
[1/99]
(3)  If the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the motor vehicle in relation to which the offence was committed.
(4)  A person who, by virtue of an order of a court, is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order.
Disqualification for failing to attend court
42A.
—(1)  The Public Prosecutor may apply to the court for an order disqualifying a person from holding or obtaining a driving licence if —
(a)
that person is accused of an offence under this Act or any written law specified in Part II of the First Schedule and had failed to appear before a court to answer the charge against him notwithstanding that he had been served with the appropriate process of court requiring him to so appear before that court;
(b)
the court before which he was to have appeared had, pursuant to his default in appearance, issued a warrant for his arrest;
(c)
he has been arrested pursuant to the warrant and subsequently released on bail;
(d)
he has been duly informed by —
(i)
the Deputy Commissioner of Police;
(ii)
the officer who arrested him; or
(iii)
if he is accused of an offence under any written law specified in Part II of the First Schedule, an officer responsible for administering such written law,
that should he fail to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused, the Public Prosecutor shall make an application under this section for him to be disqualified from holding or obtaining a driving licence; and
(e)
he has failed, without lawful excuse, to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused.
[1/99; 28/2001]
(2)  Upon an application made by the Public Prosecutor under subsection (1), the court, if satisfied of the matters referred to in subsection (1)(a) to (e) and, having regard to the circumstances of the case and the behaviour of the accused person, is of the opinion that it is undesirable for him to continue to be allowed to drive a motor vehicle, may make an order disqualifying the accused person from holding or obtaining a driving licence until the offence of which he is accused has been tried and determined by a court or for such other period as the court thinks fit.
[1/99]
(3)  Where the court makes an order under subsection (2) disqualifying a person from holding or obtaining a driving licence for any period ending before the trial and determination of the offence of which that person is accused, the court may, on further application of the Public Prosecutor, extend the period of the disqualification if it thinks fit.
[1/99]
Provisions as to disqualifications and suspensions
43.
—(1)  Where a person who is disqualified by virtue of a conviction or order under this Act is the holder of a driving licence, the licence shall —
(a)
be suspended as long as the disqualification continues in force if he is disqualified from holding or obtaining a driving licence for a period of less than one year; and
(b)
be of no effect if he is disqualified from holding or obtaining a driving licence for a period of one year or longer and he shall not drive a motor vehicle after the period of disqualification unless he passes the prescribed test of competence to drive.
[7/90]
(2)  A driving licence suspended by virtue of subsection (1) or section 45, 47B or 47C shall, during the time of suspension, be of no effect.
[7/90]
(3)  If any person who under the provisions of this Act is disqualified from holding or obtaining a driving licence applies for or obtains a driving licence while he is so disqualified, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and a driving licence obtained by him shall be of no effect.
[3/93]
(4)  If any person who is disqualified as mentioned in subsection (3) drives on a road a motor vehicle or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[3/93]
(5)  Where any person has been convicted of an offence under subsection (4) and such conviction is a second or subsequent conviction and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court shall, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle.
[3/93]
(6)  The court shall not make an order for the forfeiture of the vehicle if the court is satisfied that —
(a)
the person who has committed the offence is not the owner of the vehicle; and
(b)
the person who has committed the offence had used the vehicle without the consent of the owner or where he had used the vehicle with the consent of the owner, that the owner had no knowledge of his disqualification under this Act from holding or obtaining a driving licence.
[3/93]
(7)  Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence under subsection (4) may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar.
[3/93]
(8)  If there be no prosecution with regard to an offence under subsection (4), the motor vehicle seized pursuant to subsection (7) shall be released at the expiration of one month from the date of seizure unless it has been earlier released.
[3/93]
(9)  Notwithstanding any written law prescribing the time within which proceedings may be instituted, proceedings for an offence under subsection (3) may be instituted —
(a)
within a period of 6 months from the date of the commission of the alleged offence; or
(b)
within a period which exceeds neither 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence,
whichever period is the longer.
Recording of particulars of convictions or disqualifications by Deputy Commissioner of Police
44.
—(1)  Where a person is convicted of an offence in connection with the driving of a motor vehicle or is disqualified by any court from holding or obtaining a driving licence, the court shall send notice of the conviction or order of disqualification to the Deputy Commissioner of Police who shall thereupon cause particulars of the conviction or disqualification to be recorded.
(2)  In any proceedings in any court, a certificate, purporting to be signed by the Deputy Commissioner of Police or any officer authorised by him, relating to the particulars of any conviction or disqualification recorded and maintained under subsection (1) shall be prima facie evidence of the conviction or disqualification.
(3)  Where a person is disqualified by any court from holding a driving licence, he shall deliver his driving licence, if any, within 7 days of the order of disqualification to the Deputy Commissioner of Police who shall —
(a)
cancel it or keep it during the period of disqualification; or
(b)
if the disqualification does not apply to all the classes of vehicles which that person is permitted to drive then the Deputy Commissioner of Police shall return the driving licence to him after having made the necessary endorsement thereon.
Power of Deputy Commissioner of Police to suspend driving licence
45.
—(1)  Notwithstanding anything in this Act, the Deputy Commissioner of Police may suspend a driving licence of a person for a period not exceeding 3 years if the person’s record (as kept by the Deputy Commissioner of Police) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[7/90]
(2)  For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act.
(3)  The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
(4)  The power conferred upon the Deputy Commissioner of Police by this section to suspend the driving licence of a person may be exercised at such time after the maximum number of points, referred to in subsection (3), has been awarded against such person as the Deputy Commissioner of Police thinks fit.
(5)  Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may suspend the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.
(6)  Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.
(7)  Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.
(8)  For the purposes of this section, a person shall be deemed to have committed an offence under this Act if he pays the prescribed penalty for that offence under section 132.
(9)  In addition to the power conferred on the Deputy Commissioner of Police by subsection (1), if a person who holds a driving licence —
(a)
fails to comply with any process of court issued against him in respect of any offence committed by him under this Act or any written law specified in Part II of the First Schedule; or
(b)
is arrested under a warrant of court in connection with an offence under this Act or any written law specified in Part II of the First Schedule and the offence has not been tried and determined by the court,
the Deputy Commissioner of Police may, as he thinks fit, suspend the driving licence held by that person until he is satisfied that that person has complied with the process of court referred to in paragraph (a) or until the offence referred to in paragraph (b) has been tried and determined by the court, as the case may be.
[21/2002]
Licensee may show cause why driving licence should not be suspended
46.
—(1)  The Deputy Commissioner of Police shall, before suspending a driving licence of a person under section 45, give the person concerned notice in writing of his intention to do so —
(a)
specifying a date, not less than 14 days after the date of the notice, upon which such suspension shall be made; and
(b)
calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be suspended.
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to suspend the driving licence of such person under section 45, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the suspension.
(3)  A person may, within —
(a)
14 days of the receipt of the notice referred to in subsection (2); or
(b)
such extended period of time as the Minister may allow,
appeal in writing against the suspension to the Minister whose decision shall be final.
(4)  An order of suspension under section 45 shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
Surrender and return of driving licence
47.
—(1)  The Deputy Commissioner of Police shall, upon suspending a driving licence under section 45, require the licence to be surrendered to and retained by him.
(2)  Any person whose driving licence has been suspended under section 45 shall immediately surrender the driving licence to the Deputy Commissioner of Police.
(3)  At the end of a period of suspension, a driving licence surrendered to the Deputy Commissioner of Police under subsection (2) shall be returned to the holder thereof and, in the case only of a driving licence suspended under section 45(1), the points awarded against him shall be cancelled.
[21/2002]
(4)  Any person whose driving licence has been suspended under section 45 shall not during the period of suspension drive a motor vehicle on a road under any other driving licence issued by any authority or otherwise.
(5)  Any person who drives a motor vehicle on a road when his driving licence is suspended under section 45 shall be guilty of an offence.
Effect of suspension of licence by Deputy Commissioner of Police
47A.  A driving licence suspended by the Deputy Commissioner of Police under section 45 for a period of one year or any other longer period shall be of no effect and the holder of the licence shall not drive a motor vehicle after the period of suspension unless he passes the prescribed test of competence to drive.
[7/90]
Disqualification or suspension to continue in certain circumstances
47B.  If any person who is disqualified from holding or obtaining a driving licence, or whose driving licence is suspended under the provisions of this Act, drives while he is so disqualified or his licence is under suspension and causes death or serious injury to any other person and is charged for an offence under this Act, the disqualification or suspension shall continue until that offence has been tried and determined by a court.
[7/90]
Immediate suspension of driving licence in certain circumstances
47C.
—(1)  Where any police investigation into the possible commission of any offence referred to in subsection (2) is commenced against any person who, while driving a motor vehicle on a road or in any public place, was involved in any traffic incident resulting in —
(a)
serious injury or death to another person; or
(b)
serious damage to any building or structure,
the Deputy Commissioner of Police may, immediately upon or at any time after the commencement of such police investigation, suspend the driving licence of that person.
(2)  Subsection (1) applies in respect of any of the following offences:
(a)
an offence under section 64, 65A, 66 or 67;
(b)
an offence under section 84(7) arising from a failure to comply with section 84(3);
(d)
an offence under section 279 or 304A of the Penal Code (Cap. 224).
(3)  The suspension of a person’s driving licence under subsection (1) shall, unless it is sooner rescinded by the Deputy Commissioner of Police under subsection (10), remain in force until the offence on account of which the person’s driving licence is so suspended has been tried and determined by a court.
(4)  Where the Deputy Commissioner of Police suspends the driving licence of a person under subsection (1), the Deputy Commissioner of Police shall, as soon as is practicable, give to the person concerned a notice in writing —
(a)
informing the person concerned of the suspension of his driving licence and the date from which the suspension is to take effect; and
(b)
requiring the person concerned to surrender his driving licence to the Deputy Commissioner of Police within such time as may be specified in the notice.
(5)  A person who refuses or fails, without reasonable cause, or excuse to surrender his driving licence to the Deputy Commissioner of Police under subsection (4) shall be guilty of an offence.
[7/90]
(6)  Any person whose driving licence has been suspended under this section shall not during the period of suspension drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
[7/90]
(7)  Any person who drives a motor vehicle on a road when his driving licence is suspended under this section shall be guilty of an offence.
[7/90]
(8)  A person aggrieved by the suspension of his driving licence under subsection (1) may, within 14 days after the receipt of the notice referred to in subsection (4) or such extended period of time as the Minister may allow in any particular case, appeal in writing against the suspension to the Minister whose decision shall be final.
(9)  Notwithstanding that any appeal under subsection (8) is pending, the suspension of a person’s driving licence under subsection (1) shall take effect from the date specified in the notice given to him by the Deputy Commissioner of Police under subsection (4), unless the Minister otherwise orders.
(10)  The Deputy Commissioner of Police may, at any time, rescind the suspension of a person’s driving licence under subsection (1) on account of any offence referred to in subsection (2), but shall, as soon as is practicable, rescind the suspension if —
(a)
the investigation reveals that that person was not involved in the commission of any such offence;
(b)
it is decided that that person shall not be charged with any such offence; or
(c)
the charge against that person in respect of any such offence is withdrawn.
(11)  In this section, “structure” has the same meaning as in section 65A(2).
Definition of serious injury
47D.  In sections 47B and 47C, “serious injury” means any injury which causes a person to be during a period of 7 days in severe bodily pain or unable to follow his ordinary pursuits.
[7/90]
Penalties for offences under sections 47(5) and 47C(7)
47E.  Any person who is guilty of an offence under section 47(5) or 47C(7) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[3/93]
Prohibition order against holders of foreign driving licences
47F.
—(1)  Where any provision of this Act empowers —
(a)
a court to order that a person be disqualified from holding or obtaining a driving licence; or
(b)
the Deputy Commissioner of Police to suspend or revoke a driving licence of any person,
such provision shall, in relation to the holder of a foreign driving licence, be read as empowering the court or the Deputy Commissioner of Police to make an order (referred to in this section as a prohibition order) prohibiting such holder of a foreign driving licence from driving any motor vehicle in Singapore for the same period for which the court or the Deputy Commissioner of Police may, by virtue of that provision, disqualify any person from holding or obtaining a driving licence or suspend or revoke the driving licence of any person, as the case may be.
[1/99]
(2)  Any other provision of this Act which relates or which makes reference to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences, including any provision which provides for the punishment of any offence committed by a person who has been disqualified from holding or obtaining a driving licence or whose driving licence has been suspended or revoked, shall, in relation to the holder of a foreign driving licence, be read as if every reference in that provision to the disqualification of a person from holding or obtaining a driving licence or to the suspension or revocation of the driving licence of any person were a reference to the making of a prohibition order against the holder of a foreign driving licence.
[1/99]
(3)  The Minister may make rules for modifying, in such manner as he may consider necessary, any of the provisions of this Act which relates or refers to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences in order that such provision may appropriately apply in relation to the holder of a foreign driving licence against whom a prohibition order has been made under this section.
[1/99]
(4)  In this section, “holder of a foreign driving licence” means a person who holds a foreign driving licence and who is allowed by section 38(1) to drive a motor vehicle in Singapore using the foreign driving licence, but does not include any member of any visiting force or a civilian component thereof to whom section 38(2) applies.
Rules for purposes of this Part
48.  The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and otherwise for the purpose of carrying this Part into effect and, in particular, may make rules —
(a)
to regulate the granting of driving licences, to prescribe the form of application for and the contents of driving licences, to prescribe the fees to be charged therefor and the manner of payment thereof;
(b)
with respect to the nature of tests of competence to drive, to evidence of the result thereof and generally with respect thereto;
(c)
to require a person submitting himself for a test to provide a motor vehicle for the purpose thereof and to prescribe the fee to be charged for a test;
(d)
to ensure that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a prescribed period except under an order made by a court under the power conferred by section 36(7);
(e)
to prescribe the record to be kept in respect of driving licences;
(f)
to provide special facilities for granting driving licences to persons not resident in Singapore;
(g)
for modifying the provisions of this Part relating to the licensing of drivers of motor vehicles in the case of persons resident abroad and who enter Singapore intending to make only a temporary stay in Singapore;
(h)
to make any particulars with respect to persons, who are disqualified from holding or obtaining driving licences or whose licences are suspended, available for use by the Deputy Commissioner of Police and to prevent a person holding more than one driving licence and to facilitate the identification of holders of driving licences and to provide for the issue of a new licence in the place of a driving licence lost or defaced on payment of such fee as may be prescribed and in connection with driving licences generally; and
(i)
to prescribe the circumstances in which a person may be required to be certified by a medical practitioner as fit to drive a vehicle or to pass any practical driving test before granting or renewing a driving licence.
[7/90]
Exemption
49.  Any person who is a member of the Singapore Armed Forces or the Singapore Civil Defence Force and is in possession of a certificate or document issued to him by the competent authority of the Singapore Armed Forces or the Singapore Civil Defence Force to drive a motor vehicle of a class or description specified in such certificate or document may drive a vehicle of the class or description specified in the certificate or document, such vehicle being in the possession of the Singapore Armed Forces or the Singapore Civil Defence Force, notwithstanding that he has not been granted a driving licence under this Part.
[9/85; 1/99]