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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 3] Friday, February 17 [2006

The following Act was passed by Parliament on 17th January 2006 and assented to by the President on 6th February 2006:—
Road Traffic (Amendment) Act 2006

(No. 4 of 2006)


I assent.

S R NATHAN
President
6th February 2006.
Date of Commencement: 27th February 2006
Date of Commencement: 1st April 2006 (Sections 17, 22 and 23)
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Citation and commencement
1.  This Act may be cited as the Road Traffic (Amendment) Act 2006 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of long title
2.  The long title to the Road Traffic Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the words “user of roads”, the words “and the operation of bus interchanges”.
Amendment of section 10B
3.  Section 10B (2) of the principal Act is amended by deleting “34 (r)” and substituting “34 (1) (r)”.
Amendment of section 19
4.  Section 19 of the principal Act is amended by deleting subsection (5) and substituting the following subsection:
(5)  Rules made under this Act may provide for the issue of a new licence in the place of a licence which has been damaged, rendered illegible, lost or destroyed, and for the information to be furnished and the fee to be paid for the issue of a new licence.”.
Repeal and re-enactment of section 20
5.  Section 20 of the principal Act is repealed and the following section substituted therefor:
Number of persons carried on vehicle
20.
—(1)  The Registrar may determine and enter in the records maintained under rules made under section 34(1)(g) the maximum number of persons that may be carried on a heavy motor car, motor car or motor cycle, and shall inform the registered owner of the vehicle of that number.
(2)  Any person who drives a motor vehicle carrying persons in excess of the maximum number of persons determined under subsection (1) for the motor vehicle shall be guilty of an offence.”.
Amendment of section 21
6.  Section 21 of the principal Act is amended by deleting the words “late payment fee” and substituting the words “late application fee”.
Amendment of section 27
7.  Section 27 of the principal Act is amended —
(a)
by deleting the word “motor” in subsection (1);
(b)
by inserting, immediately after the word “licence” in subsection (1)(b), the words “under section 19”;
(c)
by deleting paragraph (d) of subsection (1) and substituting the following paragraph:
(d)
if he is satisfied that the vehicle —
(i)
has ceased to be kept or used on any road in Singapore;
(ii)
has been or will, within the prescribed period, be destroyed or permanently removed from Singapore; or
(iii)
has become wholly unfit for further use;”;
(d)
by deleting the full-stop at the end of paragraph (e) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:
(f)
if the vehicle has been forfeited pursuant to any written law.”;
(e)
by deleting subsection (2) and substituting the following subsection:
(2)  Where the registration of a vehicle is cancelled under subsection (1), the registered owner or the person in possession of the vehicle shall produce proof to the satisfaction of the Registrar that the vehicle has been permanently removed from all roads in Singapore, or has been destroyed or permanently removed from Singapore, within one month of the date of the cancellation or such other period as the Registrar may approve.”; and
(f)
by deleting the words “subsection (2)(b)” in subsection (3) and substituting the words “subsection (2)”.
Repeal of section 32
8.  Section 32 of the principal Act is repealed.
New sections 33A and 33B
9.  The principal Act is amended by inserting, immediately after section 33, the following sections:
Electronic service agents
33A.
—(1)  For the purposes of the electronic service referred to in section 33B, the Authority may, on application by any person made in such manner as it may specify, and subject to such conditions as it may determine, register him as an electronic service agent.
(2)  Without prejudice to the generality of subsection (1), the conditions referred to in that subsection may include —
(a)
a condition for the giving of security in such form and of such amount as the Authority may determine to secure compliance with the conditions; and
(b)
a condition for the keeping of records and accounts relating to the use of the electronic service.
(3)  The Authority shall keep and maintain a register of electronic service agents in which shall be entered such particulars of every electronic service agent as it considers appropriate.
Electronic service
33B.
—(1)  The Authority may provide an electronic service for —
(a)
the filing with or submission to the Registrar of such application or other document under this Part or the rules made thereunder as may be prescribed; and
(b)
the service by the Registrar of such notice or other document under this Part or the rules made thereunder as may be prescribed.
(2)  For the purposes of the electronic service, the Authority may, on application by any person made in such manner as it may specify, and subject to such conditions as it may determine, assign to him —
(a)
an authentication code; or
(b)
an account with the electronic service.
(3)  Subject to the rules made under section 34(2), a person may file or submit a document referred to in subsection (1)(a) through the electronic service.
(4)  An electronic service agent who has been authorised by a person in the prescribed manner to be that person’s agent for any matter under this Part may file or submit on behalf of that person through the electronic service a document referred to in subsection (1)(a) in respect of that matter.
(5)  Where a document is filed or submitted by an electronic service agent on behalf of any person under subsection (4) —
(a)
it shall be deemed to have been filed or submitted with the authority of that person; and
(b)
that person shall be deemed to be cognizant of all matters therein,
unless that person has, before such filing or submission, informed the Registrar in the prescribed manner that he has revoked the authority of the electronic service agent for the matter in question.
(6)  Where a document referred to in subsection (1)(a) is filed or submitted through the electronic service using the authentication code assigned to any person before that person has requested, in the prescribed manner, for the cancellation of the authentication code, then —
(a)
the document shall, for the purposes of this Act, be presumed to have been filed or submitted by that person unless he adduces evidence to the contrary; and
(b)
where that person alleges that he did not file or submit the document, the burden shall be on him to adduce evidence of that fact.
(7)  Where any person has given his consent for any document referred to in subsection (1)(b) to be served on him through the electronic service, the Registrar may, notwithstanding section 131A, serve that document on that person by transmitting an electronic record of that document to that person’s account with the electronic service; and the document shall be deemed to be served at the time when the electronic record of the document enters his account with the electronic service.
(8)  Notwithstanding any other written law, in any proceedings under this Act —
(a)
an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record,
shall be admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —
(i)
is certified by the Registrar to contain all or any information filed, submitted or served through the electronic service in accordance with this section; and
(ii)
is duly authenticated in the manner specified in subsection (11) or is otherwise authenticated in the manner provided in the Evidence Act (Cap. 97) for the authentication of computer output.
(9)  For the avoidance of doubt, section 139A does not apply to an electronic record of a document referred to in subsection (1)(a) or (b) or a copy or print-out thereof.
(10)  For the avoidance of doubt —
(a)
an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record,
shall not be inadmissible in evidence merely because the document was filed, submitted or served without the delivery of any equivalent document or counterpart in paper form.
(11)  For the purposes of this section, a certificate —
(a)
giving the particulars of —
(i)
any person whose authentication code was used to file, submit or serve the document; and
(ii)
any person or device involved in the production or transmission of the electronic record of the document, or the copy or print-out thereof;
(b)
identifying the nature of the electronic record or copy or print-out thereof; and
(c)
purporting to be signed by the Registrar or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time,
shall be sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
(12)  Where the electronic record of any document, or a copy or print-out of that electronic record, is admissible under subsection (8), it shall be presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document.
(13)  In this section and section 34 —
“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage, retrieval, filing and submission of electronic records;
“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned by the Authority to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person, and includes one assigned for such purposes in order to file, submit or retrieve a particular document only;
“electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88);
“electronic service” means the electronic service provided under subsection (1);
“electronic service agent” means an electronic service agent registered under section 33A.”.
Amendment of section 34
10.  Section 34 of the principal Act is amended —
(a)
by deleting paragraph (b);
(b)
by deleting paragraph (d) and substituting the following paragraphs:
(d)
to provide for the marking of prescribed particulars on any vehicle;
(da)
to require any person to whom any vehicle is sold or disposed of or any person who sold or disposed of any vehicle to furnish such particulars of the sale or disposal as the Registrar may require;”;
(c)
by inserting, immediately after the word “manufacturer” in paragraph (e), the word “, repairer”; and
(d)
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
(2)  The Minister may make rules for carrying out or giving effect to sections 33A and 33B and, in particular, the rules may —
(a)
prescribe the qualifications of persons who may be registered as electronic service agents;
(b)
provide for the inspection by the Authority or any person authorised in writing by the Authority of records and accounts kept by electronic service agents in compliance with a condition imposed under section 33A(1);
(c)
provide for the cancellation or suspension by the Authority of registrations of electronic service agents;
(d)
provide for the cancellation or suspension by the Authority of authentication codes and accounts with the electronic service;
(e)
provide that only specified persons may file with or submit to the Registrar a particular document through the electronic service;
(f)
prescribe the manner in which any fee, tax, levy, deposit and other charges payable under this Part or rules made thereunder are to be paid when any document is filed or submitted through the electronic service;
(g)
provide for the correction of errors in, or the amendment of, any document that is filed or submitted through the electronic service;
(h)
prescribe the fees for the assignment of authentication codes and accounts with the electronic service, the cancellation or suspension of any authentication code or account with the electronic service at the request of the holder thereof, the registration of electronic service agents, the use of the electronic service and the correction or amendment referred to in paragraph (g); and
(i)
prescribe anything which is permitted or required to be prescribed under section 33B.”.
Amendment of section 53
11.  Section 53 (4) of the principal Act is amended by deleting the words “subsection (2)” and substituting the words “subsection (3)”.
Amendment of section 65A
12.  Section 65A of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
(1A)  The Minister may, by notification in the Gazette, prescribe particulars of any structure including its location and maximum headroom measurement.”.
Amendment of section 79
13.  Section 79 of the principal Act is amended —
(a)
by deleting subsections (1), (2) and (3) and substituting the following subsections:
(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.”;
(b)
by deleting the words “The driver or person in charge of a heavy motor vehicle convicted of an offence under subsection (1) or (3)” in subsection (4) and substituting the words “A person convicted of an offence under subsection (1)”;
(c)
by deleting the words “and section 80” in subsection (6); and
(d)
by deleting the section heading and substituting the following section heading:
Offence for driving heavy motor vehicle without police escort”.
Repeal of section 80
14.  Section 80 of the principal Act is repealed.
Amendment of section 88
15.  Section 88 (2) of the principal Act is amended by inserting, immediately after the words “construction or condition”, the words “, 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”.
Amendment of section 90
16.  Section 90 of the principal Act is amended —
(a)
by inserting, immediately after the words “construction and condition” in subsection (1), the words “, 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”;
(b)
by deleting the words “relating to its construction or condition” in subsection (4)(e) and substituting the words “referred to in subsection (1)”;
(c)
by deleting the word “and” at the end of subsection (4)(k); and
(d)
by deleting the full stop at the end of paragraph (l) of subsection (4) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
(m)
the submission to the Authority of documents specified by the Authority in support of any matter examined.”.
New Part VB
17.  The principal Act is amended by inserting, immediately after section 111J, the following Part:
PART VB
LICENSING OF BUS INTERCHANGE OPERATORS
Interpretation of this Part
111K.  In this Part, unless the context otherwise requires ––
“bus interchange” means a terminal or station with purpose-built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers;
“bus service” means a service that is provided to any person upon the payment of a fare using one or more buses operating on predetermined timetables and routes;
“bus service licensee” means the holder of a bus service licence within the meaning of the Public Transport Council Act (Cap. 259B);
“licence” means a licence granted under section 111M;
“licensee” means the holder of a licence.
Operating bus interchange without licence
111L.
—(1)  No person except the Authority or a licensee shall operate any bus interchange.
(2)  Any person who operates any bus interchange in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(3)  Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Part and shall have the power to impose the full penalty or punishment in respect of any such offence.
Licence to operate bus interchange
111M.
—(1)  Subject to the provisions of this Part, the Authority may, on the application of any person, grant a licence to that person to operate any bus interchange for such period as may be specified in the licence.
(2)  An application under subsection (1) shall be made to the Authority in such form and manner as the Authority may require.
(3)  A licensee shall be authorised under this Act to operate the bus interchange specified in the licence for the period specified in the licence unless the licence is earlier revoked, cancelled or suspended under the provisions of this Act.
(4)  The fee for a licence to operate any bus interchange shall be such amount as may be prescribed.
Matters to be considered by Authority in granting licence
111N.  In exercising its discretion to grant a licence, the Authority shall have regard to the financial standing of the applicant and his ability to maintain and operate an adequate, satisfactory, safe and efficient bus interchange.
Conditions of licence
111O.  In granting a licence, the Authority may impose such conditions as it thinks fit, including conditions relating to —
(a)
the extent, hours and general level of service;
(b)
the maintenance and operation of the bus interchange and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange;
(d)
the maximum fees payable to the licensee by bus service licensees;
(e)
the conditions and use of the bus interchange by employees, agents, tenants and contractors of the licensee, by bus service licensees and by members of the public; and
(f)
the standards of performance to be complied with by the licensee in the maintenance and operation of the bus interchange.
Modification of licence conditions
111P.
—(1)  Subject to this section, the Authority may modify the conditions of a licence.
(2)  Before making any modification to the conditions of a licence under subsection (1), the Authority shall give notice to the licensee —
(a)
stating that it proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which the licensee may make written representations to the Authority with respect to the proposed modification.
(3)  Upon receipt of any written representation referred to in subsection (2)(b), the Authority shall consider such representation and may —
(a)
reject the representation; or
(b)
amend the proposed modification in such manner as it thinks fit having regard to the representation.
(4)  Subject to subsection (6), if the Authority rejects any written representation under subsection (3)(a) or amends any proposed modification to the conditions of a licence under subsection (3)(b), the modification as specified in the notice or as amended by the Authority, as the case may be, shall take effect on a date specified in writing by the Authority.
(5)  Subject to subsection (6), if no written representation is received by the Authority within the time specified under subsection (2)(b) or if any written representation made under subsection (2)(b) is subsequently withdrawn, the modification as specified in the notice shall take effect on a date specified in writing by the Authority.
(6)  Any modification to the conditions of a licence under subsection (4) or (5) shall not take effect —
(a)
during the period referred to in section 111T(1); and
(b)
where the licensee has appealed against the modification, until the determination of the appeal.
Directions affecting licensees
111Q.
—(1)  The Authority may give directions to any licensee on or in respect of the following matters:
(a)
the extent, hours and general level of service;
(b)
the maintenance and operation of the bus interchange and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange;
(d)
the conditions and use of the bus interchange by employees, agents, tenants and contractors of the licensee, by bus service licensees and by members of the public; and
(e)
any other matter affecting the interests of the public in connection with the service provided by the licensee.
(2)  Any direction given under subsection (1) —
(a)
may require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction;
(b)
shall take effect at such time as specified in the direction; and
(c)
may be revoked or modified at any time by the Authority.
(3)  Before giving any direction to any licensee under subsection (1), the Authority —
(a)
shall give notice to the licensee —
(i)
informing him of the proposed direction and setting out its effect; and
(ii)
specifying the time within which he may make written representations to the Authority with respect to the proposed direction,
unless the Authority, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and
(b)
shall consider any representation made by the licensee.
(4)  Every licensee shall, at his own expense, comply with every direction given to him by the Authority under this section.
Suspension or cancellation of licence, etc.
111R.
—(1)  Subject to subsection (2), if any licensee —
(a)
contravenes, or fails to secure the compliance by his employees, agents or contractors with, any of the conditions of his licence or any direction given by the Authority under section 111Q;
(b)
goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or
(c)
makes any assignment to or enters into a composition with his creditors,
the Authority may, by notice in writing and without any compensation to the licensee or any other person, do all or any of the following:
(i)
rectify the non-compliance and recover the costs of such rectification from the licensee;
(ii)
suspend or cancel the licence of the licensee;
(iii)
require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 as the Authority thinks fit.
(2)  The Authority shall, before taking any action under subsection (1), give the licensee notice in writing of its intention to do so and shall call upon the licensee to show cause within such time as may be specified by the Authority as to why such action ought not to be taken.
(3)  Any cost recoverable from any licensee under subsection (1) (i) and any financial penalty payable by any licensee under subsection (1)(iii) shall be recoverable as a debt due to the Authority from the licensee, and the licensee’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.
Renewal of licence
111S.
—(1)  The Authority may, on the application of a licensee, renew the licence on such conditions as it thinks fit.
(2)  The fee for any renewal of licence shall be such amount as may be prescribed.
Appeal to Minister
111T.
—(1)  Any licensee aggrieved by —
(a)
any licence condition imposed by the Authority under section 111O;
(b)
any modification to the conditions of his licence under section 111P;
(c)
any direction given by the Authority under section 111Q;
(d)
any decision made by the Authority under section 111R(1); or
(e)
any refusal of the Authority to renew his licence under section 111S,
may, within 14 days of the receipt of the notice relating to the relevant matter from the Authority, appeal to the Minister.
(2)  Subject to section 111P(6) and subsection (3) and unless the Minister otherwise directs, where an appeal is lodged by a licensee under subsection (1) —
(a)
the licensee shall comply or continue to comply with any licence condition, direction or decision being appealed against; and
(b)
the licence condition, direction or decision shall be effective and enforceable against the licensee,
until the determination of the appeal.
(3)  Where the licensee appeals under subsection (1) against any refusal to renew his licence and his licence expires at any time from the date of receipt of the Authority’s notice of refusal to the date of determination of his appeal, the licensee shall be deemed to have a licence to operate the bus interchange, in respect of which his licence was first granted, from the date of expiry of his licence to the date of determination of the appeal.
(4)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the Authority or by amending any licence condition or direction affecting the licensee.
(5)  The decision of the Minister in any appeal shall be final.
Rules for purposes of this Part
111U.  The Authority may, with the approval of the Minister, make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect.”.
Amendment of section 123A
18.  Section 123A of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:
(1A)  Any person who refuses to allow the employee or agent to exercise his power under subsection (1) or who obstructs the exercise of such power by the employee or agent shall be guilty of an offence.”.
Amendment of section 126
19.  Section 126 of the principal Act is amended —
(a)
by inserting, at the end of subsection (1)(a), the word “or”;
(b)
by deleting the word “; or” at the end of subsection (1)(b) and substituting a full-stop;
(c)
by deleting paragraph (c) of subsection (1); and
(d)
by deleting subsections (3) and (4).
Amendment of section 129
20.  Section 129 of the principal Act is amended —
(a)
by inserting, immediately after the word “makes” in subsection (1)(a) and (c), the words “or causes to be made”;
(b)
by inserting, immediately after the word “furnishes” in subsection (1)(b), the words “or causes to be furnished”; and
(c)
by deleting the words “any registration book” in subsection (2)(a).
Amendment of section 139
21.  Section 139 of the principal Act is amended —
(a)
by deleting the words “Any registration document or” in subsection (1) and substituting the words “An extract of the records maintained under rules made under section 34(1)(g) certified under the hand of the Registrar, or a”; and
(b)
by inserting, immediately after the words “use of the vehicle” wherever they appear in subsection (3), the words “, 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”.
Amendment of section 144
22.  Section 144 of the principal Act is amended —
(a)
by deleting the words “at a police station or at the office of the Registrar” in subsection (1) and substituting the words “at a place prescribed by the Authority”; and
(b)
by deleting subsection (3) and substituting the following subsection:
(3)  The Authority may make rules —
(a)
to prescribe one or more places for the purposes of subsection (1); and
(b)
for the disposal of money or other property deposited under subsection (1).”.
Transitional provision
23.  Notwithstanding anything in section 17, any person who immediately before the date of commencement of section 17 has been operating any bus interchange as defined in section 111K of the principal Act (inserted by section 17) shall be entitled to operate the bus interchange without a licence granted under section 111M of the principal Act (inserted by section 17) —
(a)
for a period of 3 months (or such further period as the Minister may determine) from that date; or
(b)
if, before the expiration of that period, that person applies for such a licence to operate the bus interchange, until the licence is granted or his application is refused or withdrawn.