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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 IV
GENERAL PROVISIONS RELATING TO ROAD TRAFFIC
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.
Division 2 — Accidents
Duty to stop in case of accident
84.
—(1)  If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the motor vehicle.
(2)  If in the case of any such accident as aforesaid the driver of the motor vehicle for any reason does not give his name and address to any such person as aforesaid, he shall report the accident at a police station or to a police officer as soon as reasonably practicable and, in any case, within 24 hours of the occurrence thereof.
(3)  If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby any person is killed or any damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall render such assistance as may be reasonably required by any police officer or in the absence of any police officer such assistance as it may reasonably be in the power of the driver to render.
[11/96]
(4)  When owing to the presence of a motor vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or structure, no person shall, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident except that —
(a)
a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and
(b)
goods or passengers baggage may be removed from a vehicle under the supervision of a police officer.
(5)  Subsection (4) shall not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand.
(6)  In this section, “animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog.
(7)  If any person fails to comply with any of the provisions of this section, he shall be guilty of an offence.
(8)  Any person who is guilty of an offence under subsection (7) arising from his failure to comply with subsection (3) shall, if he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in that subsection caused any serious injury or death to another person, be liable on conviction —
(a)
to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months; and
(b)
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.
[11/96; 21/2002]
(9)  Where a person is convicted of an offence under subsection (7) arising from his failure to comply with subsection (3), the court convicting him shall —
(a)
if satisfied that he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in subsection (3) caused any serious injury or death to another person; and
(b)
unless the court for special reasons thinks fit to order otherwise,
make an order disqualifying him from holding or obtaining a driving licence —
(i)
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; or
(ii)
for such longer period as the court thinks fit.
[21/2002]
(10)  Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —
(a)
an offence involving the use of the motor vehicle by him whereby any serious injury or death is caused to another person; and
(b)
an offence under subsection (7) arising from his failure to comply with subsection (3),
the court before which he is convicted shall order that the sentences for those offences shall run consecutively.
[11/96; 21/2002]
(11)  Any police officer may arrest without warrant any person who is reasonably suspected of having failed to comply with subsection (3).
[21/2002]
Inquiry into accident
85.
—(1)  The Deputy Commissioner of Police may by notice in writing require the person alleged to have been driving or in charge of any vehicle at the time of the occurrence of any accident in which the vehicle was concerned or the commission of any offence connected with the driving of the vehicle to attend before him at such time and place as may be stated in the notice for the purpose of inquiry into the accident.
(2)  Such person shall attend and shall answer truly all questions relating to such occurrence or offence put to him by such officer except that the person may decline to answer any question the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3)  No such answer shall in any case be used in evidence in any proceedings, civil or criminal, except proceedings against such person on a charge of an offence under subsection (5).
(4)  Such person shall, if so required by the Deputy Commissioner of Police, produce his driving licence.
(5)  Any person who fails, without reasonable cause, to comply with any of the requirements of this section shall be guilty of an offence.
Division 3 — Miscellaneous
Power of Authority to authorise carriage of greater weights on specified roads
86.
—(1)  The Authority may, subject to such conditions as it may think fit, grant a permit in respect of any trailer specified in the permit drawn by a heavy locomotive or a light locomotive on any road or bridge to carry weights specified in the permit notwithstanding that when conveying such weights the trailer does not comply with any rules as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part thereof by trailers.
[28/95]
(2)  Where such a permit is given, it shall not, so long as the conditions, if any, attached to the permit are complied with, be an offence in the case of any such trailer to carry on that road or bridge weights authorised by the permit by reason only that the trailer when conveying them does not comply with such rules as aforesaid.
Power to order production of vehicle and licence
87.
—(1)  The Deputy Commissioner of Police or the Registrar may by notice in writing require the owner of any licensed vehicle to produce either or both the vehicle or the licence relating thereto for an inspection at such time and place and by such person as may be specified in the notice.
[1/2003]
(2)  Such notice may be served upon the owner personally or may be sent to him by registered post to the address contained in the register of vehicles kept under this Act.
(3)  If any owner required under this section to produce any vehicle or licence fails to do so, he shall be guilty of an offence unless he proves that owing to a mechanical breakdown or other sufficient reason (the proof whereof shall lie on the owner), the vehicle or licence cannot be produced as required.
Fee for inspection of vehicle
88.
—(1)  A fee may be levied for the inspection of a vehicle under section 87.
(2)  An additional fee may be levied for any further inspection of the vehicle where the vehicle is found, after a previous inspection, not to comply with any prescribed requirement relating to its construction or condition, or to any identification mark or sign carried by or fixed on it or the seal of such mark or sign, or to any marking on it.
(3)  Any fee payable under subsection (1) or (2) shall be paid by the owner of the vehicle in respect of which it is levied.
(4)  This section shall apply to such vehicles as may be prescribed.
Rules prescribing fees
89.  The Authority may make rules prescribing the fees that may be levied under section 88.
[28/95]
Test of satisfactory condition of vehicle
90.
—(1)  The Authority may make rules for the examination of any motor vehicle and for the issue, where the vehicle is found on such examination to comply with the prescribed requirements relating to its construction and condition, to the identification marks and signs carried by or fixed on it and the seals of such marks and signs, and to the markings on it, of a certificate (referred to in this Act as a test certificate) that at the date of the examination those requirements were complied with.
[28/95]
(2)  An examination for the purposes of this section shall be carried out by a person authorised by the Registrar (referred to in this section as an authorised examiner).
(3)  Where a test certificate is refused, the authorised examiner shall specify the grounds of the refusal, and a person aggrieved by the refusal may appeal to the Registrar, and on such appeal the Registrar shall cause a further examination to be made and may issue or refuse to issue a test certificate.
(4)  The Authority may make rules for the purpose of giving effect to this section and, in particular, as to —
(a)
the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of any such authorisation;
(b)
the manner in which, the conditions under which and the apparatus with which an examination of a motor vehicle is to be carried out, and the maintenance of that apparatus in an efficient state;
(c)
the inspection of premises at which and the apparatus with which an examination of a motor vehicle is being, or is to be, carried out;
(d)
the fee to be paid for the examination of a motor vehicle;
(e)
the additional fee to be paid for any further examination of a motor vehicle where the vehicle is found, after a previous examination, not to comply with any prescribed requirement referred to in subsection (1);
(f)
the manner in which an application may be made for the examination of a motor vehicle;
(g)
the manner in which and time within which an appeal may be brought under subsection (3);
(h)
the fee to be paid on an appeal under subsection (3) and the repayment of the fee or part thereof where it appears to the Registrar that there were substantial grounds for the appeal;
(i)
the form of, and particulars to be contained in, a test certificate;
(j)
the issue of a copy of a test certificate that is lost or defaced and the fee payable therefor;
(k)
the keeping by an authorised examiner of a register of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such register by such person and in such circumstances as may be prescribed;
(l)
the keeping of records by an authorised examiner and the furnishing of returns and information to the Registrar by the authorised examiner ; and
(m)
the submission to the Authority of documents specified by the Authority in support of any matter examined.
[28/95]
(5)  Rules made under this section may make different provisions in respect of different vehicles or classes of vehicles.
Vehicle without test certificate cannot be used
91.
—(1)  A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle in respect of which there is no test certificate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.
(2)  This section shall apply to such motor vehicles with effect from such dates as may be prescribed.
Power to inspect premises
92.
—(1)  Any police officer may, for the purpose of examining any vehicle in respect of which he has reason to believe that an offence under this Act has been committed, enter at any time any place in which he suspects that such vehicle is kept.
(2)  Any police officer in conducting an investigation into any seizable offence in connection with which a vehicle is suspected to be concerned may enter any place to search for and examine such vehicle.
(3)  If any person obstructs any police officer in the exercise of his powers and duty under this section, that person shall be guilty of an offence.
Power to examine vehicles
93.
—(1)  Any police officer in uniform may, for the purpose of ensuring that any vehicle or trailer that is being used on a road complies with this Act, at any time —
(a)
examine the vehicle or trailer or the licence relating thereto; or
(b)
order the owner or driver of the vehicle or trailer to deliver the same for an inspection by such person and at such time and place as the police officer may specify.
[1/2003]
(2)  Any person who obstructs a police officer in the exercise of his powers under subsection (1)(a) or fails to comply with any order given by the police officer under subsection (1)(b) shall be guilty of an offence.
[1/2003]
Weighing of vehicles
94.
—(1)  Subject to the provisions of this Act, it shall be lawful for any police officer authorised in writing in that behalf by the Deputy Commissioner of Police to require the person in charge of any motor vehicle —
(a)
to allow the motor vehicle or any trailer drawn thereby to be weighed laden or unladen and the weight transmitted to the road by any part of the motor vehicle or trailer laden or unladen in contact with the road to be tested; and
(b)
for the purpose of paragraph (a) to immediately proceed to a weighbridge or other machine for weighing vehicles.
(2)  If any person in charge of a motor vehicle refuses or neglects to comply with any requirement under subsection (1), he shall be guilty of an offence.
(3)  Subject to the provisions of this Act, it shall be lawful for any police officer so authorised to require the person in charge of the motor vehicle to unload the motor vehicle or trailer for the purpose of being weighed unladen.
(4)  Where a motor vehicle or trailer is weighed under this section, a certificate of weight shall be given to the person in charge of the motor vehicle by the person who carried out the weighing of the vehicle.
[1/2003]
Power to seize vehicles
95.
—(1)  Where a police officer, the Registrar or an authorised officer has reason to believe that a vehicle is a vehicle in connection with which an offence under this Act has been or is being committed or a vehicle that has been or is being used in contravention of the conditions of any licence issued in respect thereof under this Act, the police officer, Registrar or authorised officer, on production of his authority, may —
(a)
seize the vehicle and take it to a place of safety; or
(b)
require the owner, driver or person in charge of the vehicle to take the vehicle and any trailer attached thereto to a specified place of safety.
[28/2001]
(2)  The power conferred on a police officer, the Registrar or an authorised officer under subsection (1)(a) may be exercised whether or not the owner, driver or person in charge of the vehicle is present at the time of its seizure.
[28/2001]
(3)  Any vehicle which is taken to a place of safety under subsection (1) shall be detained thereat until it is released by order of a Magistrate or the Deputy Commissioner of Police or the Registrar.
[28/2001]
(4)  In this section, “authorised officer” means any employee of the Authority who is authorised in writing by the Registrar to act under this section.
[28/2001]
(5)  Any person who refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence.
[28/2001]
(6)  Any unauthorised person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or the Deputy Commissioner of Police or the Registrar shall be guilty of an offence.
(7)  If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Act, the expenses incurred by the Deputy Commissioner of Police or the Registrar in carrying out the provisions of this section shall be recoverable by or on behalf of the Deputy Commissioner of Police or the Registrar and, in case of dispute or neglect to pay, be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by that Court.
(8)  Where any vehicle or trailer is detained under this section, the Deputy Commissioner of Police or the Registrar shall with all reasonable despatch notify the owner of the seizure, and such notification may be given —
(a)
by posting a notice in writing to the owner of the vehicle at his usual or last known place of residence or business in Singapore; or
(b)
in such other manner as the Deputy Commissioner of Police or the Registrar thinks expedient.
(9)  If the vehicle or trailer is not claimed by its owner within one month of the date of its detention, the Deputy Commissioner of Police or the Registrar thereafter and after giving one month’s notice in the Gazette of his intention to do so may sell by public auction or otherwise dispose of the vehicle or trailer.
(10)  The proceeds, if any, from the sale or disposal of any such vehicle or trailer shall be applied in payment of —
(a)
firstly, any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section; and
(b)
secondly, any damage caused to property of the Government by the unlawful use of the vehicle or trailer,
and the surplus, if any, shall be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within 12 months after the date of the sale or disposal shall be forfeited to the Government.
Power to immobilise or seize and detain vehicle belonging to person against whom warrant of arrest is in force
95A.
—(1)  Where a vehicle which is being used or parked on a road or in a parking place is registered in the name of a person against whom a warrant of arrest is in force, a police officer or an employee of the Authority may —
(a)
immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or
(b)
seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety,
and the vehicle shall remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar.
[45/99]
(2)  The powers conferred by subsection (1) on a police officer may also be exercised by him in respect of any vehicle which is registered in the name of a person against whom a warrant of arrest is in force and which is being used or parked in a public place.
[45/99]
(3)  Without prejudice to subsections (1) and (2) but subject to subsection (4), where a police officer, in attempting to execute a warrant of arrest at any private premises, finds at such private premises any vehicle which is registered in the name of the person against whom the warrant of arrest has been issued, the police officer may —
(a)
immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or
(b)
seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety,
and the vehicle shall remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar.
[45/99]
(4)  Nothing in subsection (3) shall authorise a police officer to immobilise or seize and detain any vehicle which he finds at any private premises unless, despite all reasonable effort, he is unable at such private premises to effect the arrest of the person against whom the warrant of arrest has been issued.
[45/99]
(5)  For the purposes of subsections (1), (2) and (3) —
(a)
a police officer or an employee of the Authority may require any person who is driving or who is in charge of the vehicle —
(i)
to stop the vehicle;
(ii)
to take the vehicle to such place of safety as may be specified by the police officer or employee of the Authority; or
(iii)
to render such other co-operation as the police officer or employee of the Authority may reasonably require; and
(b)
a Magistrate, the Deputy Commissioner of Police or the Registrar may —
(i)
refuse to order the release of any vehicle that has been immobilised or seized and detained under either of those subsections until the person in whose name the vehicle is registered has been arrested in connection with the warrant of arrest in force against him or has surrendered himself to a police officer or the warrant of arrest in force against him has been cancelled by a court; and
(ii)
require the person to whom the vehicle is released to pay such charges as may be prescribed for the release of the vehicle.
[45/99]
(6)  Where a police officer or an employee of the Authority has immobilised or seized and detained a vehicle under this section, he shall with all reasonable despatch notify the person in whose name the vehicle is registered of the immobilisation or seizure —
(a)
of the procedure by which he may secure the release of the vehicle; and
(b)
that unless within 3 months of the date specified in the notification he surrenders himself to a police officer in connection with the warrant of arrest in force against him, the Deputy Commissioner of Police or the Authority shall proceed to sell or dispose of the vehicle.
[45/99]
(7)  The notification under subsection (6) may be given —
(a)
where the vehicle has been immobilised, by affixing a notice onto the windscreen or any other conspicuous part of the vehicle; or
(b)
where the vehicle has been seized and detained —
(i)
by posting a notice in writing to the person in whose name the vehicle is registered at his usual or last known place of residence or business in Singapore; or
(ii)
in such other manner as the police officer or employee of the Authority thinks expedient.
(8)  Any person who —
(a)
without the authority of a police officer or an employee of the Authority removes or tampers with any notice affixed onto a vehicle under subsection (7)(a); or
(b)
without the authority of a Magistrate, the Deputy Commissioner of Police or the Registrar —
(i)
removes or tampers with any device or appliance which has been fixed to a vehicle by a police officer or an employee of the Authority for the purpose of immobilising it in pursuance of this section; or
(ii)
removes any vehicle from the place at which it has been immobilised or from the place of safety where it is being detained or causes such vehicle to be so removed,
shall be guilty of an offence.
[45/99]
(9)  If upon the expiry of 3 months from the date specified in the notification given under subsection (6) the person in whose name the vehicle is registered has not surrendered himself to a police officer or has not been arrested in connection with the warrant of arrest in force against him, the Deputy Commissioner of Police or the Authority, after giving one month’s notice in the Gazette of his or its intention to do so, may sell the vehicle by public auction or otherwise dispose of the vehicle in such manner as he or it thinks fit.
[45/99]
(10)  The proceeds, if any, from the sale or disposal of any such vehicle shall be applied in payment of —
(a)
any taxes, fees or charges under this Act which may be due from the person in whose name the vehicle is registered; and
(b)
any charges incurred in carrying out the provisions of this section,
and the surplus, if any, shall be paid to the person in whose name the vehicle is registered, or if not claimed by such person within 12 months after the date of the sale or disposal shall be forfeited to the Government.
[45/99]
(11)  Any person who obstructs or hinders the Authority or any employee thereof, the Deputy Commissioner of Police or any police officer acting in the discharge of his duty under this section shall be guilty of an offence.
[45/99]
(12)  The Authority or any employee thereof, the Deputy Commissioner of Police and any police officer shall not be liable for any damage to or loss of any vehicle or the contents thereof which is not wilfully or negligently caused by them in the exercise of their powers under this section.
[45/99]
(13)  In this section —
“immobilise”, in relation to a vehicle, means to prevent the removal of the vehicle by fixing to the vehicle a device or appliance which is —
(a)
designed or adapted for the purpose of preventing the removal of the vehicle; and
(b)
approved by the Authority or the Deputy Commissioner of Police for use for the purpose of this section;
“warrant of arrest” means a warrant of arrest issued by a court against a person in connection with any offence committed by him under —
(a)
this Act; or
Taking of motor vehicle without owner’s consent
96.
—(1)  Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority 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 3 months.
(2)  If the accused satisfies the court that he acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be convicted of the offence under subsection (1).
(3)  If on the trial of any person for the theft of a motor vehicle the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section, the court may convict the accused under this section.
(4)  Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.
Restriction on persons taking hold of motor vehicle in motion
97.
—(1)  If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his being drawn or carried, he shall be guilty of an offence.
(2)  If, while a motor vehicle is on a road or on a parking place where the public may park motor vehicles, any person otherwise than with lawful authority or with reasonable cause gets on to or moves or tampers with the vehicle, he shall be guilty of an offence.
(3)  If any person loiters in or near a road or parking place where the public may park motor vehicles for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver, the person so loitering or importuning shall be guilty of an offence.
(4)  Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.
Application to vehicles belonging to Government and armed forces
98.
—(1)  This Part shall subject as otherwise provided apply to vehicles, trailers and persons in the service of the Government or of any visiting force lawfully present in Singapore.
(2)  For the purpose of proceedings for an offence in connection with any such vehicle or trailer against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle or trailer is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver only was responsible.
(3)  In the case of motor vehicles owned by the Government or by any visiting force lawfully present in Singapore and used for naval, military or air force purposes or in the case of motor vehicles so used while being driven by persons for the time being subject to the orders of any member of the armed forces in Singapore, the Authority may by rules, subject to such conditions as may be specified in the rules, vary in relation to any such vehicles while being driven as aforesaid the provisions of this Act or any rule, order or notification imposing a speed limit on motor vehicles and the provisions of this Part which respectively —
(a)
impose restrictions on persons below the age of 21 years with respect to the driving of heavy locomotives, light locomotives, motor tractors or heavy motor cars;
(b)
regulate the number of trailers which may be drawn by motor vehicles.
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