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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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Division 1 — Provisions as to driving and offences in connection therewith
Restriction on driving by young persons
62.
—(1)  A person below the age of 18 years shall not drive a motor vehicle on a road.
[1/99]
(2)  A person who has attained the age of 18 years but who is below the age of 21 years shall not drive a heavy locomotive, light locomotive, motor tractor or heavy motor car on a road.
[11/96]
(3)  The burden of establishing his age shall rest on the applicant for a driving licence.
(4)  A person who drives or causes or permits any person to drive a motor vehicle in contravention of this section shall be guilty of an offence.
(5)  A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall, for the purposes of Part II, be deemed to be disqualified under the provisions of that Part from holding or obtaining any licence other than a licence to drive such motor vehicles, if any, as he is not by this section forbidden to drive.
Restriction on driving certain categories of heavy motor vehicles
62A.  A person who has attained the age of 70 years shall not drive a vehicle belonging to the following categories or classes of motor vehicles:
(a)
heavy locomotives;
(b)
light locomotives;
(c)
motor tractors; and
(d)
heavy motor cars.
[7/90; 21/2002]
Rate of speed
63.
—(1)  Except as otherwise provided by this Act, it shall not be lawful for any person to drive a motor vehicle of any class or description on a road at a speed greater than any speed which may be prescribed as the maximum speed in relation to a vehicle of that class or description.
(2)  The Minister may, by notification in the Gazette, prohibit the driving of motor vehicles generally or of particular classes of motor vehicles above a specified speed over any specified road or part of a specified road either generally or for a specified time or times.
(3)  So long as any prohibition made under subsection (2) remains in force, the Minister may cause or permit to be placed or erected and maintained traffic signs which shall state the substance of the notification in the Gazette containing the prohibition and which shall be placed in such positions as shall give adequate notice thereof to drivers of motor vehicles.
(4)  A person who drives a motor vehicle on a road at a speed exceeding any speed limit imposed by or in exercise of powers conferred by this Act shall be guilty of an offence.
Reckless or dangerous driving
64.
—(1)  If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 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 $5,000 or to imprisonment for a term not exceeding 2 years or to both.
[11/96]
(2)  On a second or subsequent conviction under this section, the convicting court shall exercise the power conferred by section 42 of ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason, thinks fit to order otherwise.
(3)  Subsection (2) shall not be construed as affecting the right of the court to exercise the power under section 42 on a first conviction.
(4)  Where a person is convicted of abetting the commission of an offence under this section and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purpose of the provisions of Part II relating to disqualification from holding or obtaining driving licences, be deemed to be an offence in connection with the driving of a motor vehicle.
(5)  Any police officer may arrest without warrant any person committing an offence under this section.
[1/99]
Driving without due care or reasonable consideration
65.  If any person drives a motor vehicle on a road —
(a)
without due care and attention; or
(b)
without reasonable consideration for other persons using the road,
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[11/96]
Collision of heavy motor vehicles and public service vehicles with buildings or structures
65A.
—(1)  Any person who, when driving or attempting to drive —
(a)
a heavy motor vehicle as defined in section 79(6); or
(b)
any public service vehicle which is classified as a type of bus under the Second Schedule,
causes the heavy motor vehicle or public service vehicle to collide with any building or structure shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years 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 5 years or to both.
[11/96; 28/2001]
(1A)  The Minister may, by notification in the Gazette, prescribe particulars of any structure including its location and maximum headroom measurement.
(2)  In this section, “structure” includes any bus shelter, gantry post, overhead bridge and pillar.
[11/96]
Use of mobile telephone while driving
65B.
—(1)  Any person who, being the driver of a motor vehicle on a road or in a public place, uses a mobile telephone while the motor vehicle is in motion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both, and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[1/99]
(2)  In this section —
“mobile telephone” includes any hand held equipment which is designed or capable of being used for telecommunication;
“use”, in relation to a mobile telephone, means to hold it in one hand while using it to communicate with any person.
[1/99]
Causing death by reckless or dangerous driving
66.
—(1)  Any person who causes the death of another person by the driving of a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
(2)  [Deleted by Act 15/2010]
(3)  If upon the trial of a person for an offence under this section the court is not satisfied that his driving was the cause of the death, but is satisfied that he is guilty of driving as specified in subsection (1), it shall be lawful for the court to convict him of an offence under section 64.
Driving while under influence of drink or drugs
67.
—(1)  Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a)
is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such vehicle; or
(b)
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
[11/96]
(2)  A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment, from the date of his release from prison.
[7/90]
(3)  Any police officer may arrest without warrant any person committing an offence under this section.
[7/90]
Enhanced penalties for offenders with previous convictions under certain sections
67A.
—(1)  Where a person having been convicted on at least 2 previous occasions of any one or more of the offences under sections 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1), 67(1) and 70(4) is again convicted of an offence under section 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1), 67(1) or 70(4), the court shall have the power to impose a punishment in excess of that prescribed for such conviction as follows:
(a)
where the court is satisfied, by reason of his previous convictions or his antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish such offender with punishment not exceeding 3 times the amount of punishment to which he would otherwise have been liable for such a conviction except that where imprisonment is imposed it shall not exceed 10 years; and
(b)
notwithstanding sections 303 and 309 of the Criminal Procedure Code 2010, if —
(i)
such offender, while committing the offence under section 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1) or 67(1) causes any serious injury or death to another person; or
(ii)
in the case of an offender under section 70(4), such offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to his arrest under section 69(5), caused any serious injury or death to another person,
the court may also punish him, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not more than 6 strokes.
[11/96; 1/99]
(2)  This section shall not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing such offence and the offence in respect of which he had been previously convicted, he had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.
[11/96]
(3)  In subsection (1), “serious injury” has the same meaning as in section 47D.
(4)  Notwithstanding any provision to the contrary in the Criminal Procedure Code, a District Court or Magistrate’s Court may award the full punishment prescribed by this section.
Being in charge of motor vehicle when under influence of drink or drugs
68.
—(1)  Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a)
is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b)
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
[11/96]
(2)  For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a)
that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b)
that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
[11/96]
(3)  On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
[7/90]
(4)  Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he shall be treated for the purpose of this section as having been previously convicted under this section.
[7/90]
(5)  Any police officer may arrest without warrant any person committing an offence under this section.
[7/90]
Breath tests
69.
—(1)  Where a police officer has reasonable cause to suspect that —
(a)
a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion;
(b)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that he still has alcohol in his body;
(c)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or
(d)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —
(i)
between that motor vehicle and one or more other motor vehicles; or
(ii)
causing any injury or death to another person,
the police officer may, subject to section 71, require that person to provide a specimen of his breath for a breath test.
[11/96]
(2)  A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement is made or, if the requirement is made under subsection (1)(d) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
[11/96]
(3)  A breath test required under subsection (1) shall be conducted by a police officer.
[11/96]
(4)  A person who fails, without reasonable excuse, to provide a specimen of his breath when required to do so in pursuance of this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
[11/96]
(5)  A police officer may arrest a person without warrant if —
(a)
as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;
(b)
that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or
(c)
he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.
(6)  A person shall not be arrested by virtue of subsection (5) when he is at a hospital as a patient.
[11/96]
Provision of specimen for analysis
70.
—(1)  In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require him —
(a)
to provide a specimen of his breath for analysis by means of a prescribed breath alcohol analyser; or
(b)
to provide at a hospital a specimen of his blood for a laboratory test,
notwithstanding that he has been required to provide a specimen of his breath for a breath test under section 69(1).
[11/96]
(2)  A breath test under this section shall be conducted by a police officer and may be conducted either at or near the place where the arrest is made, or at a police station.
(3)  A requirement under this section to provide a specimen of blood —
(a)
shall not be made unless —
(i)
the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(ii)
at the time the requirement is made, the prescribed breath alcohol analyser is not available at the police station or it is for any other reason not practicable to use the breath alcohol analyser; or
(iii)
the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance; and
(b)
may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.
[11/96]
(4)  A person who fails, without reasonable excuse, to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and if it is shown that at the time of any accident referred to in section 69(1)(d) or of his arrest under section 69(5) —
(a)
he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or
(b)
he was in charge of a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 68.
[11/96]
(5)  A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.
[11/96]
Protection of hospital patients
71.
—(1)  A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.
[11/96]
(2)  The medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.
[11/96]
Evidence in proceedings for offences under sections 67 and 68
71A.
—(1)  In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of breath or blood (as the case may be) provided by the accused shall be taken into account and, subject to subsection (2), it shall be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than in the specimen.
[11/96]
(2)  Where the proceedings are for an offence under section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he was under the influence of drink, or for an offence under section 67(1)(b) or 68(1)(b), the assumption referred to in subsection (1) shall not be made if the accused proves —
(a)
that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he provided the specimen; and
(b)
that had he not done so the proportion of alcohol in his breath or blood —
(i)
would not have been such as to make him unfit to drive a motor vehicle in the case of proceedings for an offence under section 67(1)(a) or 68(1)(a); or
(ii)
would not have exceeded the prescribed limit in the case of proceedings for an offence under section 67(1)(b) or 68(1)(b).
[11/96]
(3)  Subject to subsection (5) —
(a)
evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by a prescribed breath alcohol analyser and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement; and
(b)
evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in a specimen of blood identified in the certificate.
[11/96]
(4)  A specimen of blood shall be disregarded unless it was taken from the accused with his consent by a medical practitioner; but evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner.
[11/96]
(5)  A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (3) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has been handed to the accused when the document was produced or has been served on him not later than 7 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing.
[11/96]
(6)  A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than 3 days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.
[11/96]
(7)  A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.
[11/96]
Deputy Commissioner of Police may require medical practitioner to send blood specimen for laboratory test
71B.
—(1)  Notwithstanding anything in section 69 or 71A, where a person —
(a)
was the driver of or attempted to drive or was in charge of a motor vehicle on a road or other public place when an accident occurred —
(i)
between that motor vehicle and one or more other motor vehicles; or
(ii)
causing any injury or death to another person; and
(b)
as a result of any injury sustained by him in the accident or any other cause is unable to provide a specimen of his breath under section 69 or to give his consent to a specimen of blood being taken from him for analysis,
any medical practitioner treating such person for his injury shall, if so directed by the Deputy Commissioner of Police, cause any specimen of blood taken by the medical practitioner from such person in connection with his treatment to be sent for a laboratory test to determine the proportion of alcohol or of any drug or intoxicating substance in the specimen.
[11/96]
(2)  In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed in pursuance of this section shall be taken into account.
[11/96]
(3)  Evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed under this section may, subject to subsection (4), be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in the specimen of blood identified in the certificate.
[11/96]
(4)  The provisions of section 71A(5), (6) and (7) shall apply, with the necessary modifications, to a certificate referred to in subsection (3) as they apply to a document or certificate referred to in section 71A(3).
[11/96]
Interpretation of sections 67 to 71B
72.
—(1)  In sections 67 to 71B —
“authorised analyst” means any medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;
“breath test” means a test for the purpose of obtaining, by means of a breath alcohol analyser or any other device prescribed by the Minister, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
“fail” includes refuse;
“intoxicating substance” has the same meaning as in the Intoxicating Substances Act (Cap. 146A);
“police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station;
“prescribed limit” means —
(a)
35 microgrammes of alcohol in 100 millilitres of breath; or
(b)
80 milligrammes of alcohol in 100 millilitres of blood.
[11/96; 1/99]
(2)  A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
[11/96]
(3)  Subject to section 71B, a person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.
[71C
[11/96]
Pillion riding
73.
—(1)  It shall not be lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.
(2)  If any person is carried on any such motor cycle in contravention of this section, the driver of the motor cycle shall be guilty of an offence.
Drivers and pillion riders of motor cycles to wear protective helmets
74.
—(1)  Every person who drives or is carried on a motor cycle shall wear securely on his head a protective helmet of a type approved by the Minister.
(2)  No person shall import, sell or offer for sale or have in his possession for sale any protective helmet which is not of a type approved by the Minister.
[7/90]
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.
(4)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
Wearing of seat belts
75.
—(1)  The Minister may make rules requiring, subject to such exceptions as may be prescribed, persons driving or riding in motor vehicles to wear seat belts of such description as may be prescribed.
(2)  Rules under this section —
(a)
may make different provisions in relation to different classes of vehicles, different descriptions of persons and different circumstances; and
(b)
may make any prescribed exceptions subject to such conditions as may be prescribed.
Sale of seat belts
76.
—(1)  No person shall sell or offer for sale or have in his possession for sale any seat belt which is not of a type approved by the Minister.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence.
Requirements as to employment of drivers and attendants
77.
—(1)  In the case of a heavy locomotive or a light locomotive, 2 persons shall be employed in driving or attending the locomotive whilst being driven on any road.
(2)  Where any locomotive referred to in subsection (1) is drawing a trailer or trailers on a road one or more persons in addition to the persons employed as provided under that subsection shall be employed for the purpose of attending to the trailer or trailers at the rate of one such additional person for each trailer.
(3)  Subsection (2) shall not apply to a road roller.
(4)  Where a motor vehicle, other than a heavy locomotive or a light locomotive, is drawing a trailer on a road, one person in addition to the driver of the vehicle shall be carried on the trailer for the purpose of attending to such trailer.
(5)  If any person causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section, he shall be guilty of an offence.
(6)  The Authority may by rules prescribe the number of attendants who shall be and other persons who may be carried on goods vehicles and regulate the positions on the vehicle which they may occupy and the duties of those attendants.
[28/95]
(7)  The Authority may by rules vary the requirements of this section in respect of any class or description of motor vehicles or any class or description of trailers.
[28/95]
(8)  In this section, “trailer” shall not include —
(a)
any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load;
(b)
any road sweeping or road construction vehicles; or
(c)
any trailer or class of trailers exempted from the operation of this section by the Minister.
Restriction on number of trailers drawn
78.
—(1)  The number of trailers, if any, which may be drawn by a motor vehicle, other than a heavy locomotive or a light locomotive, on a road shall not exceed one.
(2)  For the purposes of this section, “trailer” shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load.
(3)  If any person causes or permits a trailer to be drawn in contravention of this section, he shall be guilty of an offence.
Offence for driving heavy motor vehicle without police escort
79.
—(1)  Any person who drives or causes to be driven on any road a heavy motor vehicle the overall height of which exceeds 4.5 metres without being escorted by a police officer, or an auxiliary police officer appointed in accordance with any written law, shall be guilty of an offence.
(2)  A person guilty of an offence under subsection (1) shall be liable on conviction —
(a)
for a first offence, to imprisonment for a term of not less than one year and not more than 3 years and, in addition, to a fine not exceeding $2,000; and
(b)
for a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 5 years and, in addition, to a fine not exceeding $5,000.
(3)  [Deleted by Act 4/2006 wef 27/02/2006]
(4)  A person convicted of an offence under subsection (1) shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification —
(a)
in the case of a first offence, be disqualified from holding or obtaining a driving licence for a period of not less than one year; and
(b)
in the case of a second or subsequent offence, be disqualified from holding or obtaining a driving licence for a period of not less than 2 years.
(5)  Any disqualification imposed against any person under subsection (4) shall take effect from the date he is released from prison.
(6)  In this section —
“heavy motor vehicle” means —
(a)
a goods vehicle the weight of which unladen exceeds 2,500 kilogrammes;
(b)
a motor vehicle which is —
(i)
an engineering plant or a mobile crane or is designed and constructed for engineering operations; or
(ii)
drawing a trailer carrying a container or other load;
“overall height”, in relation to a heavy motor vehicle, means the distance between the surface on which the vehicle rests and the highest point of the vehicle, and where it is carrying a load the highest point of its load.
[9/85]
80.  [Repealed by Act 4/2006 wef 27/02/2006]
Duty to give information
81.
—(1)  Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, the owner of the motor vehicle shall give such information as he may be required by a police officer or an employee of the Authority to give as to —
(a)
the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and
(b)
the driving licence held by that person,
and, if he fails to do so within 7 days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required.
(1A)  For the purposes of subsection (1), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, such owner shall not be deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under that subsection unless such owner also proves to the satisfaction of the court that —
(a)
it had kept a proper and accurate record as required under subsection (8); but
(b)
the record reveals that no person had been permitted by such owner to drive the motor vehicle at or about the time of the alleged offence.
(2)  Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, any other person who was or should have been in charge of the motor vehicle shall, if required by a police officer or an employee of the Authority, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within 7 days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence.
[5/98]
(3)  Any person who wilfully or recklessly furnishes any false or misleading information under subsection (1) or (2) shall be guilty of an offence.
(4)  A police officer or an employee of the Authority may require any information to be furnished under subsection (1) or (2) to be in writing signed by the person required to furnish such information.
[5/98]
(5)  Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or any offence in connection with the driving of a motor vehicle may be used as evidence without proof of signature at the hearing of the charge.
(6)  Notwithstanding any other written law to the contrary, any statement made by any person to any police officer or an employee of the Authority —
(a)
that a motor vehicle was on a particular occasion being driven by or belonged to that person; or
(b)
that it belonged to a firm in which that person also stated that he was a partner or to a corporation of which that person stated that he was a director, officer or employee,
shall be admissible in evidence without proof of signature for the purpose of determining by whom the motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.
[5/98]
(7)  Any person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(8)  Where the owner of a vehicle is a company, a partnership or an unincorporated body, it shall be the duty of such owner to keep a proper and accurate record of each occasion on which it permits any person to drive the motor vehicle, whether or not such person is a director, member, partner, officer, employee or agent of such owner or otherwise, and whether or not such person is permitted to drive the motor vehicle in the course of his employment with such owner or otherwise.
(9)  The record required to be kept under subsection (8) —
(a)
shall contain —
(i)
the registration number of the motor vehicle;
(ii)
the name, address, driving licence number (whether local or foreign) and identity card or passport number of the person permitted by the owner of the motor vehicle to drive the motor vehicle; and
(iii)
the date and time, or the period, during which the motor vehicle is allocated to such person for him to drive it; and
(b)
shall be retained by the owner of the motor vehicle for a period of at least 6 months beginning with the date, or with the date of the commencement of the period, referred to in paragraph (a)(iii).
Liability of owner of vehicle for specified offence
83.
—(1)  When a specified offence is committed, the person who, at the time of the occurrence of the specified offence, is the owner of the motor vehicle in respect of which the specified offence is committed shall, by virtue of this section, be guilty of the specified offence in all respects as if he were the actual offender guilty of the specified offence, unless —
(a)
in any case where that offence is dealt with under section 132 or 133, the owner satisfies the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or
(b)
in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2)  Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to a specified offence no further penalty shall be imposed on or recovered from any other person in relation thereto.
[5/98]
(3)  Notwithstanding subsection (1), no owner of a motor vehicle shall by virtue of this section be guilty of a specified offence if —
(a)
in any case where the offence is dealt with under section 132 or 133, he —
(i)
within 7 days after service on him of a notice under section 132 or 133 alleging that he has been guilty of such offence, furnishes by statutory declaration to the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or
(ii)
satisfies the police officer or employee of the Authority that he did not know and could not with reasonable diligence have ascertained such name and address; and
(b)
in any other case he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[5/98]
(4)  A statutory declaration made under subsection (3) if produced in any proceedings against the person named therein and in respect of the offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to that offence.
[5/98]
(5)  A statutory declaration which relates to more than one specified offence shall not be regarded as a statutory declaration under or for the purposes of subsection (3).
[5/98]
(6)  In this section —
“owner”, in relation to a motor vehicle, includes —
(a)
every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28, the person to whom the general licence is issued;
“specified offence” means any offence set out in the Third Schedule.