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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 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

Legislative History

Comparative Table

 
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Road Traffic Act
(CHAPTER 276)

(Original Enactment: Ordinance 26 of 1961)

REVISED EDITION 2004
(31st December 2004)
An Act for the regulation of road traffic and the use of vehicles and the user of roads and the operation of bus interchanges and for other purposes connected therewith.
[1st January 1963]
Short title
1.  This Act may be cited as the Road Traffic Act.
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A);
“bicycle” means a two-wheeled pedal cycle constructed or adapted for use as a means of conveyance;
“carriage of goods” includes the haulage of goods;
“cart” includes a wagon, handcart or trolley used or constructed for the carriage of goods;
“company” means any company as defined in the Companies Act (Cap. 50) and includes any company to which Division 2 of Part XI of that Act applies, any company formed in pursuance of any other Act or by royal charter or letters patent, a limited liability partnership and any other body corporate formed or incorporated by or under any written law;
“Deputy Commissioner of Police” includes any police officer not below the rank of sergeant authorised by the Deputy Commissioner of Police in writing by name or office to exercise the powers vested by this Act in the Deputy Commissioner of Police;
“diameter”, in relation to the wheel of a vehicle or trailer, means the overall diameter measured between the 2 opposite points on the surface of a tyre which are furthest apart;
“driver”  —
(a)
in relation to a trailer, includes a driver of a vehicle by which the trailer is drawn, and “drive” shall be construed accordingly;
(b)
where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly; and
(c)
includes the rider of a bicycle and any person propelling a tricycle or trishaw or pushing or pulling a cart, and “drive” shall be construed accordingly;
“driving licence” means a licence to drive a motor vehicle granted under the provisions of Part II;
“foreign driving licence” means a driving licence or permit (not being a provisional driving licence or permit) issued by a competent authority in another country between which and Singapore there is in force a treaty for the recognition of driving licences or permits issued in the countries which are parties to the treaty;
“goods” includes goods or burden of any description;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted;
“Minister” means —
(a)
except as provided in paragraphs (b) and (c), the Minister charged with the responsibility for transport;
(b)
for the purposes of the whole of Parts II and III and sections 74(1) and (2), 75(1), 76(1), 112(1), (3) and (4), 113(1) and (2), 114(1), 116(2), 121(2) and 143(3) and (11), the Minister charged with the responsibility for home affairs; and
(c)
for the purposes of sections 131B(7), 132(7), 133(7), 134, 135(2), 140(1) and (2), 142 and 142A(1), the Minister charged with the responsibility for transport or the Minister charged with the responsibility for home affairs, as appropriate;
“motor fuel” has the same meaning as in the Customs Act (Cap. 70);
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“owner”, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;
“paid driver” means a person who drives a motor vehicle in return for a salary or other remuneration;
“park” means to bring a motor vehicle or a trailer to a stationary position and cause it to wait for any purpose other than that of immediately taking up or setting down persons, goods or luggage;
“parking place” has the same meaning as in the Parking Places Act (Cap. 214);
“police officer” includes all persons whomsoever employed for police duties in the Singapore Police Force constituted under the Police Force Act 2004 (Act 24 of 2004);
“public place” means any place or premises, whether privately owned or not, to which the general public or any section of the general public is permitted to have access, whether on payment or otherwise;
“public service vehicle” means a vehicle used or kept for use for the carriage of passengers for hire or reward, other than a vehicle constructed for use on fixed rails or specially prepared ways;
“Registrar” means the Registrar of Vehicles or the Deputy Registrar or an assistant registrar appointed under section 9;
“road” means any public road and any other road to which the public has access, and includes —
(a)
any road within Pulau Bukom;
(b)
any road within the limits of any installation of the Singapore Armed Forces declared by the Minister by notification in the Gazette to be an installation to which this Act applies; and
(c)
any bridge over which a road passes;
“rules” means rules made under this Act;
“security officer” means a licensed security officer within the meaning of the Private Security Industry Act (Cap. 250A) who is authorised by the Deputy Commissioner of Police or the Authority (as appropriate) under section 142B to regulate traffic under any provision of this Act;
“trailer” means a vehicle drawn by a motor vehicle;
“tricycle” means a three-wheeled pedal cycle constructed or adapted for the carriage of goods;
“use” means use on a road;
“vehicle” means any vehicle whether mechanically propelled or otherwise;
“weight unladen” means the weight of a vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road but exclusive of any driver or attendant.
[20/89; 33/93; 28/95; 5/98; 1/99; 45/99; 1/2003]
(2)  For the purposes of this Act, except section 38, a person is a resident of Singapore, or is deemed to have taken up residence in Singapore, if he resides in Singapore for a continuous period of 6 months and any temporary period or periods of absence during that period of 6 months is immaterial.
[1/99]
[24/210 wef 01/11/2010]
PART I
REGISTRATION AND LICENSING OF VEHICLES
Vehicles to which this Part applies
3.  Subject to section 33, this Part shall apply to all vehicles and trailers.
Classification of motor vehicles
4.
—(1)  For the purposes of this Act, motor vehicles shall be divided into the following classes:
(a)
heavy locomotives; that is to say, motor vehicles which are not constructed themselves to carry any load (other than water, fuel, accumulators and other equipment and materials used for the purpose of propulsion, loose tools and loose equipment) and the weight of which unladen exceeds 11,500 kilograms;
(b)
light locomotives; that is to say, motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a)) and the weight of which unladen does not exceed 11,500 kilograms but exceeds 7,250 kilograms;
(c)
motor tractors; that is to say, motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a)) and the weight of which unladen does not exceed 7,250 kilograms;
(d)
heavy motor cars; that is to say, motor vehicles (not being vehicles classified under this section as motor cars) which are constructed themselves to carry a load or passengers and the weight of which unladen exceeds 2,500 kilograms;
(e)
motor cars; that is to say, motor vehicles (not being vehicles classified under this section as motor cycles) which are constructed themselves to carry a load or passengers and the weight of which unladen —
(i)
does not exceed 3,000 kilograms in the case of motor vehicles which are —
(A)
constructed solely for the carriage of passengers and their effects;
(B)
adapted to carry not more than 7 passengers exclusive of the driver; and
(C)
fitted with tyres of the prescribed type; and
(ii)
in any other case does not exceed 2,500 kilograms;
(f)
motor cycles; that is to say, motor vehicles with less than 4 wheels and the weight of which unladen does not exceed 400 kilograms;
(g)
invalid carriages; that is to say, motor vehicles which are specially designed and constructed and not merely adapted for the use of persons suffering from some physical defect or disability and are used solely by such persons and the weight of which unladen does not exceed 250 kilograms.
(2)  The Authority may make rules for subdividing any such class as aforesaid whether according to weight, construction, nature of tyres, use or otherwise and making different provision with respect to each subdivision and varying in respect of any class the maximum or minimum weight fixed by this section.
[28/95]
(3)  Any reference in this Part to a class of motor vehicles shall include a reference to any subdivision of such a class.
(4)  For the purposes of this Part —
(a)
in any case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load;
(b)
in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load but shall be deemed to form part of the vehicle; and
(c)
a side-car attached to a motor cycle shall, if it complies with the prescribed conditions, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.
Prohibition of vehicles not complying with rules as to construction, etc.
5.
—(1)  Subject to the provisions of this Act, it shall not be lawful to use a vehicle or trailer which does not comply with the rules as to construction, weight and equipment applicable to the class or description of vehicles to which the vehicle or trailer belongs.
[28/95]
(2)  The Authority may, by notification in the Gazette, authorise, subject to such restrictions and conditions as may be specified in the notification, the use of special vehicles or trailers or special types of vehicles or trailers which are constructed either for special purposes or for tests or trials and of new or improved types of vehicles or trailers whether wheeled or wheel-less.
[28/95]
(3)  The Authority may at any time revoke, vary or amend a notification made under this section.
[28/95]
(4)  Subject to this section, it shall not be lawful to sell or to supply or to offer to sell or supply a vehicle or trailer for delivery in such a condition that the use thereof in that condition would be unlawful by virtue of this section.
(5)  Subject to this section, it shall not be lawful to alter a vehicle or trailer so as to render its condition such that the use thereof in that condition would be unlawful by virtue of this section.
(6)  If a vehicle or trailer is used or is sold, supplied, offered or altered in contravention of this section, any person who so uses the vehicle or trailer or causes or permits the vehicle or trailer to be so used or so sells, supplies, offers or alters it or causes or permits it to be so sold, supplied, offered or altered shall be guilty of an offence.
(7)  Any person who is guilty of an offence under subsection (6) of altering a vehicle or trailer in contravention of this section shall be liable on conviction to a fine not exceeding $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 not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.
[45/99]
(8)  A person shall not be convicted for an offence under this section in respect of the sale, supply, offer or alteration of a vehicle or trailer if he proves that it was sold, supplied, offered or altered, as the case may be, for export from Singapore, or that he had reasonable cause to believe that the vehicle or trailer would not be used in Singapore or would not be so used until it had been put into a condition in which it might lawfully be so used.
Rules as to use and construction of vehicles
6.
—(1)  The Authority may make rules generally as to the use of vehicles and trailers, their construction and equipment and the conditions under which they may be used and, in particular, may make rules —
(a)
to regulate the width, height, wheel base, length and overhang of vehicles and trailers and the load carried thereby, the diameter of wheels and the width, nature and condition of tyres of vehicles and trailers and to prohibit the use of any tyres likely to cause damage to the roads;
(b)
to prohibit excessive noise due to the design or condition of the motor vehicle or trailer or the loading thereof;
(c)
to regulate the maximum weight unladen of heavy locomotives and heavy motor cars and the maximum weight laden of motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such a vehicle or trailer in contact with the road and the conditions under which the weights may be required to be tested;
(d)
to prescribe the particulars to be marked on vehicles and trailers;
(e)
to specify the number and nature of springs and brakes on vehicles and trailers and to secure that springs, brakes, silencers and steering gear shall be efficient and kept in proper working order and for empowering any person or classes of persons named or described in such rules to test and inspect any such springs, brakes, silencers and steering gear on a road or, subject to the consent of the occupier of the premises, on any premises;
(f)
to regulate the appliances to be fitted —
(i)
for signalling the approach of a vehicle or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear;
(ii)
for intimating any intended change of speed or direction of a motor vehicle; or
(iii)
for measuring or indicating or measuring and indicating the amount of motor fuel in any fuel tank of a motor vehicle,
and to regulate or prohibit the use of any such appliance and to secure that they shall be efficient and kept in proper working order;
(g)
to regulate the lights to be carried by vehicles and trailers whether in respect of the nature of such lights, the positions in which they shall be fixed and the periods during which they shall be lighted or otherwise;
(h)
to prescribe the safety equipment to be installed in vehicles;
(i)
to control, in connection with the use of a motor vehicle, the emission of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas or grit;
(j)
to regulate the towing or drawing of vehicles by motor vehicles and the manner of attachments;
(k)
to prohibit in connection with the use of a motor vehicle the use of any appliance or the commission of any act which is likely to cause annoyance or danger;
(l)
to regulate the number of trailers that may be attached in train to any motor vehicle, the manner of attachment and the manner in which the trailers shall be kept under control and the maximum weight thereof;
(m)
to prescribe the number of persons to be employed in driving or attending motor vehicles or trailers and to regulate the duties and conduct of such persons;
(n)
to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemption in special cases; and
(o)
to regulate or prohibit either generally or in specified areas or roads and either at all times or between specified hours the use of horns or other warning appliances.
[20/89; 28/95]
(2)  The Authority may make different rules for different classes or descriptions of vehicles for the same class or description of vehicles in different circumstances.
[20/89; 28/95]
Alteration of fuel-measuring equipment
6A.
—(1)  No person shall alter the fuel-measuring equipment of a motor vehicle for the purpose of preventing the fuel-measuring equipment from duly measuring or indicating the quantity of motor fuel in any fuel supply tank of the motor vehicle.
[20/89]
(2)  Any person who contravenes subsection (1) 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 3 months.
[20/89]
(3)  Where there is found any artificial or mechanical means which, either alone or in conjunction with additional artificial or mechanical means not found, could be used for altering or facilitating the alteration of the index of the fuel-measuring equipment, or which would make the fuel-measuring equipment false or unjust in measuring or indicating the quantity of motor fuel in any fuel supply tank of that motor vehicle, the person having custody or control of the motor vehicle at the time such artificial or mechanical means are found shall be presumed, until the contrary is proved, to have abetted the alteration of the fuel-measuring equipment in contravention of subsection (1).
[20/89]
(4)  In this section, “fuel-measuring equipment”, in relation to a motor vehicle, means any instrument or appliance, or a combination of instruments or appliances, capable of or constructed for measuring or indicating or measuring and indicating the quantity of motor fuel in any fuel supply tank of the motor vehicle and includes in particular any fuel gauge or fuel sensoring device.
[20/89]
Savings
7.  Nothing in this Part shall authorise any person to use any vehicle or trailer so constructed or used as to cause a public or private nuisance or be deemed to affect the liability by virtue of any act or otherwise of the driver or owner so using such a vehicle.
Definition of licence
8.  In this Part, “licence” means a vehicle licence issued under the provisions of this Part.
Appointment of Registrar, Deputy Registrar and assistant registrars
9.
—(1)  The Authority shall appoint one of its officers as the Registrar of Vehicles who shall carry out such duties as may be assigned to him under this Act.
[28/95]
(2)  The Authority may appoint from among its officers a Deputy Registrar and such number of assistant registrars as may from time to time be required for the purposes of this Act.
[28/95]
(3)  The Authority may from time to time give to the Registrar such directions, not inconsistent with the provisions of this Act, as it may consider necessary for carrying out the provisions of this Part, and may from time to time vary or revoke such directions, and the Registrar shall comply with any directions so given.
[28/95]
(4)  The Registrar shall cause to be printed and provided the forms of licences and of applications for the licences and all declarations, notices, returns, books of accounts and other documents required by the rules or otherwise by law required with respect to any matter to which this Act relates.
[28/95]
Registration of vehicles
10.
—(1)  Except as otherwise provided by this Act, no person shall keep or use a vehicle unless it has been registered under this Act and its registration under this Act has not been cancelled.
[7/90]
(2)  The Registrar may charge such fees as may be prescribed for the registration of a vehicle under this Act.
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $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 not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.
[45/99]
Vehicles not to be registered without permits issued by Registrar
10A.
—(1)  No vehicle shall be registered or, except as otherwise provided by this Act, continue to be registered under this Act unless there is in force a permit issued by the Registrar authorising the registration of the vehicle.
[7/90; 33/93]
(2)  Except as otherwise provided by this Act, a permit shall be issued upon the payment of a levy.
(3)  The Minister may from time to time, by notification in the Gazette, prescribe a limit on the number of permits to be issued by the Registrar under subsection (1) and the Minister may prescribe different limits for vehicles belonging to any category, class or description.
(4)  The Minister may make rules for carrying out or giving effect to this section and, in particular, the rules may —
(a)
provide for the issue of permits under this section to successful applicants who submitted bids for the permits;
(b)
require fees and deposits to be paid for the submission of applications for the issue of permits under this section, and provide for the forfeiture of deposits for non-compliance with any conditions governing the submission of such applications;
(c)
prescribe the levy, or the method or manner for determining the amount of the levy, payable for a permit issued under this section;
(d)
prescribe the period for which a permit issued under this section is in force and different periods may be prescribed for vehicles belonging to different categories, classes or descriptions;
(e)
prescribe the conditions upon which permits are issued under this section;
(f)
provide for a rebate on all or any part of the levy payable for the issue of a permit under this section, in such circumstances as may be permitted by the rules;
(g)
provide for the cancellation of a permit issued under this section and the refund of all or part of the levy paid for the issue of the permit in such circumstances as may be permitted by the rules;
(h)
impose a levy on the transfer of a permit at any time prior to the registration of a vehicle authorised by the permit;
(i)
provide for the issue of permits, whether with or without the payment of a levy, for vehicles which were registered under this Act prior to 2nd April 1990;
(j)
provide for the renewal of a permit before or after its expiration and the levy and any other fee to be paid therefor;
(k)
exempt any particular vehicle or class of vehicles from the payment of the levy for a permit issued under this section; and
(l)
provide for all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this section.
[16/91; 33/93]
Heavy vehicle not to be registered without valid vehicle parking certificate
10B.
—(1)  No heavy vehicle shall be registered under this Act unless the person applying for the registration of the heavy vehicle satisfies the Registrar that he has been issued by the relevant authority under the Parking Places Act (Cap. 214) with a vehicle parking certificate or such other document in respect of the parking of the heavy vehicle for the period for which the heavy vehicle is to be licensed.
[33/93]
(2)  In this section and sections 19(3)(f) and 34(1)(r), “heavy vehicle” has the same meaning as in the Parking Places Act.
[33/93]
Charge of tax on vehicles
11.
—(1)  Subject to the provisions of this Act, a tax shall be charged in respect of —
(a)
the first registration of every vehicle under this Act; and
(b)
every vehicle used or kept on any road in Singapore.
(2)  The tax shall be paid upon a licence to be taken out by the person keeping the vehicle.
(3)  The tax chargeable under subsection (1)(a) in respect of a vehicle shall be of such an amount as the Minister may prescribe from time to time and the Minister may prescribe different taxes for vehicles of different classes, categories or descriptions or vehicles used for different purposes.
(4)  The tax chargeable under subsection (1)(b) in respect of a vehicle of any description shall be chargeable by reference to such annual or semi-annual rate as may be prescribed by the Minister from time to time.
(5)  Any rates prescribed by the Minister may be so made to apply only to vehicles of a specified class, category or description and the Minister may prescribe different rates for vehicles of different classes, categories or descriptions or vehicles used for different purposes.
(6)  The Minister may, subject to such conditions as he thinks fit to impose, prescribe —
(a)
a rebate on all or any part of the tax payable for vehicles of a specified class, category or description; and
(b)
different rates of rebate or the methods for determining the amount of the rebate for vehicles of different classes, categories or descriptions or vehicles used for different purposes.
[16/91; 28/2001]
(7)  For the purposes of the tax, in so far as it is chargeable in respect of the use or keeping of a vehicle on a road, a vehicle shall be deemed —
(a)
to be chargeable with the like tax as on the occasion of the issue of the vehicle licence or last vehicle licence issued for the vehicle under this Act, and to be so chargeable by reference to the prescribed rate applicable to the vehicle on that occasion; or
(b)
if no vehicle licence has been issued for the vehicle under this Act, to be chargeable by reference to the prescribed rate applicable to the vehicle.
(8)  Nothing in this section shall operate so as to render lawful the keeping of a vehicle for any period, in any manner or at any place, if to do so would be unlawful apart from this section.
(9)  Any person who gives any incorrect information in relation to any matter affecting the amount of tax chargeable under this section 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, and the court shall order him to pay to the Registrar the amount of tax which has been undercharged.
[7/90]
(10)  The Registrar may, in his discretion, compound any offence punishable under subsection (9) by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000 and the amount of the tax undercharged, and may before judgment stay or compound any proceedings thereunder.
[7/90]
Restricted licences and supplementary licences
11A.
—(1)  The Registrar may, upon application by the owner of a motor vehicle in such circumstances as may be prescribed, issue a licence subject to the restriction that the motor vehicle shall not be driven on any road or on any specified road during specified days or times unless there is in force a supplementary licence for that motor vehicle.
[16/91; 28/2001]
(2)  The Minister may make rules for carrying out or giving effect to this section and, in particular, such rules may —
(a)
provide for the issue of supplementary licences, whether at prescribed fees or without charge, and regulate their use and exhibition; and
(b)
provide for all matters necessary or incidental to allow subsection (1) to apply or cease to apply to motor vehicles of any description, including the re-registration of such vehicles and the imposition of any fee or levy in connection with such re-registration.
[16/91; 28/2001]
(3)  Any person who drives a motor vehicle, issued with a licence subject to the restriction referred to in subsection (1), in contravention of such a restriction or any owner of such a motor vehicle who causes or permits his vehicle to be so driven shall be guilty of an offence and shall on conviction be punished with —
(a)
a fine not exceeding $5,000; and
(b)
in the case of a second or subsequent conviction, a fine not exceeding $10,000.
[16/91; 28/2001; 1/2003]
(4)  Any person who —
(a)
falsifies an identification mark or plate prescribed in the case of a motor vehicle issued with a licence subject to the restriction referred to in subsection (1); or
(b)
displays, or causes or permits to be displayed, a falsified identification mark or plate on such a motor vehicle,
shall be guilty of an offence and shall on conviction be punished with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both.
[16/91; 28/2001; 1/2003]
(5)  Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have the jurisdiction to try any offence under this section and to impose the maximum penalty prescribed therefor.
[1/2003]
Vehicles licensed outside Singapore
12.
—(1)  Where any vehicle not registered under this Act is kept or used on any road in Singapore by a person who is —
(a)
a citizen of Singapore;
(b)
a resident of Singapore; or
(c)
the holder of a work pass issued under the Employment of Foreign Manpower Act (Cap. 91A),
the tax chargeable under section 11(1)(a) shall be paid in respect of the vehicle by the person keeping or using it in Singapore as if that vehicle is first registered and used in Singapore.
[7/90]
(2)  Any person who has in his possession or comes into possession of, or uses, a motor vehicle in respect of which a licence issued under the provisions of any law of any country relating to motor vehicles is in force shall inform the Registrar, within such period as may be prescribed, if he is a resident of Singapore or takes up residence in Singapore.
(3)  For the purposes of this section, a person is deemed to be a resident of Singapore if he —
(a)
has been granted the status of a permanent resident of Singapore by the competent authority, even though he may not have a place of residence in Singapore; or
(b)
resides in Singapore for a continuous period of 6 months and any temporary period or periods of absence during that period is immaterial.
[7/90]
(4)  Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $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 not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.
[45/99]
Commencement and duration of licences
13.
—(1)  A vehicle licence may be taken out —
(a)
for any period of 6 months or 12 months; and
(b)
for any such shorter period as the Registrar may approve,
and shall, unless the Registrar otherwise determines, first have effect on the first day of the month in which the licence is applied for or on the day following the expiry of the last vehicle licence issued for the vehicle under this Act.
(2)  A licence which first has effect before the day on which it is issued shall not affect any criminal liability incurred before that day.
Exemption from tax on certain descriptions of vehicles
14.  No tax shall be chargeable under this Act in respect of vehicles of the following descriptions:
(a)
fire engines;
(b)
vehicles used solely for the purpose of a fire-fighting service;
(c)
ambulances;
(d)
road rollers;
(e)
vehicles used exclusively on roads which are not repairable at the public expense;
(f)
vehicles used solely for industry, mining and agriculture and not intended to be used on any road repairable at the public expense;
(g)
invalid carriages; and
(h)
bicycles.
Using and keeping of vehicle without licence
15.  Any person who uses or keeps on any road any vehicle for which a licence is not in force, not being a vehicle exempted from tax under this Act by virtue of the provisions of any written law, shall be guilty of an offence and —
(a)
shall be liable on conviction to a fine not exceeding $2,000; or
(b)
if it has been proved to the satisfaction of the court that he had the intention to evade payment of any tax chargeable under this Act, shall be punished on conviction with a fine of an amount equal to 3 times the tax payable —
(i)
if a vehicle licence had been taken out for the period, beginning with the expiry of the vehicle licence last in force for the vehicle before the date of the offence; or
(ii)
if there has not at any time before that date a vehicle licence in force for the vehicle, beginning with the first day of the month in which the vehicle was first kept by that person,
and ending with the last day of the month during which the offence was committed.
Presumption on use and keeping of vehicle
16.  For the purposes of this Act, the person who is for the time being registered under the provisions of this Part as the owner of a vehicle shall, until the contrary is proved, be presumed to keep or use that vehicle on a road.
Continuous liability for duty
17.
—(1)  Subject to this section, a person who for any period keeps a vehicle in respect of which tax under this Act has at any time become chargeable shall, whether or not it is still a mechanically propelled vehicle, be liable to pay tax under this Act in respect of the vehicle for that period.
(2)  A person shall not be liable by virtue of subsection (1) to pay tax under this Act in respect of a vehicle —
(a)
for any period for which tax under this Act in respect of the vehicle has been paid and has not been repaid in consequence of the surrender of a licence;
(b)
for any calendar month in respect of which he has, in accordance with the rules, given notice to the Registrar that the vehicle will not be used or kept on a public road during that month or part thereof; and
(c)
for any period by reference to which there was calculated an amount ordered to be paid by him as a fine in pursuance of section 15(b).
[33/93]
(3)  A person shall not, by virtue of subsection (2)(b), be exempt from his liability for any period under subsection (1) in respect of a vehicle if at any time during that period he or any other person with his consent uses or keeps the vehicle on a public road and no vehicle licence is in force for the vehicle at that time.
(4)  For the purposes of subsection (3), the consent mentioned in that subsection shall be presumed to have been given unless the contrary is shown, but any use or keeping of the vehicle in question as respects which the vehicle is exempt by virtue of any written law for the time being in force from tax under this Act shall be disregarded.
(5)  Sums payable under this section by way of tax in respect of a vehicle shall accrue due for every period of a calendar month at one-sixth of the semi-annual rate of tax applicable to the vehicle at the relevant time.
Suit for recovery of tax
18.
—(1)  Notwithstanding the provisions of any other written law, any tax chargeable under this Act may be sued for by way of a specially indorsed writ of summons.
(2)  In any suit under subsection (1), the production of a certificate signed by the Registrar giving the name and address of the defendant and the amount of tax from him in respect of any vehicle kept by him shall be sufficient evidence of the amount due and sufficient authority for the court to give judgment for that amount.
Issue and exhibition of licences
19.
—(1)  Every person applying for a vehicle licence shall make such a declaration and furnish such particulars with respect to the vehicle for which the licence is to be taken out or otherwise as may be prescribed.
(2)  Subject to the provisions of this Act as to general licences, every vehicle licence shall be issued for the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use or keep any other vehicle.
(3)  The Registrar shall not be required to issue any vehicle licence for which application is made unless he is satisfied —
(a)
that the licence applied for is the appropriate licence for the vehicle specified in the application and all fees and taxes due and payable in respect of the vehicle and any penalty recoverable from the registered owner of the vehicle under this Act have been paid;
(b)
in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for that vehicle;
(c)
that there is no warrant of arrest issued under section 120 of the Criminal Procedure Code 2010 against the applicant in respect of any offence committed by him under this Act or any written law specified in Part I of the First Schedule;
(d)
that either —
(i)
for the period of the licence there will be in force the policy of insurance or the security required by law in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission; or
(ii)
the motor vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) does not apply at any time when it is being driven by the owner thereof or by an employee of his in the course of his employment or is otherwise subject to the control of the owner;
(e)
in the case of a motor vehicle to which section 91 applies, that a test certificate in respect of the vehicle has been issued at any time within 3 months prior to the issue of the vehicle licence or within such other period as the Registrar may approve; and
(f)
in the case of a heavy vehicle, that for the period of the licence there will be in force a vehicle parking certificate or such other document issued by the relevant authority under the Parking Places Act (Cap. 214) in respect of the parking of the heavy vehicle.
[7/90; 33/93; 8/94; 28/2001]
(4)  Without prejudice to subsection (3), the Registrar may refuse to issue a vehicle licence if he is satisfied that the vehicle in respect of which the licence is to be issued is registered in the name of a person who, pursuant to a warrant of court, has been arrested in connection with an offence under this Act or any written law specified in Part I of the First Schedule and the offence has not been tried and determined by the court.
[45/99; 28/2001]
(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.
(6)  Any vehicle licence may be transferred in the prescribed manner.
(7)  Subject to subsection (8), the Minister may, by notification in the Gazette, amend Part I of the First Schedule.
[8/94; 28/2001]
(8)  The Minister shall, before exercising his powers under subsection (7), consult the Minister responsible for the written law to which the amendment relates.
[8/94]
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.
Late application for licence
21.  If a licence is applied for a vehicle after the date of expiry of the last licence issued for the vehicle, a late application fee as may be prescribed shall be payable for the issue of the licence.
[28/2001]
Surrender of licences
22.  The holder of a licence may at any time surrender the licence to the Registrar in the prescribed manner and shall on so surrendering the licence be entitled, if he satisfies the prescribed requirements, to receive from the Registrar, by way of rebate of tax paid upon the surrendered licence, a sum equal to the amount of tax which had been charged for the remaining number of calendar months or part thereof for which the licence would have been in force.
[33/93]
Vehicle destroyed, exported, etc.
23.
—(1)  The holder of a licence may at any time notify the Registrar that his vehicle has been destroyed or exported or will cease to be kept or used on any road.
[33/93]
(2)  The Registrar, on being satisfied in such manner as he requires that the vehicle has been destroyed or exported or will cease to be kept or used on any road, shall refund to the holder of the licence a sum equal to the amount which has been charged for the number of calendar months or part thereof for which the licence would have continued to be in force.
[33/93]
Duty of manufacturers and dealers to notify Registrar and owners of safety-related defects in vehicles
23A.
—(1)  Any person being a manufacturer or dealer of vehicles shall, on becoming aware of any safety-related defect in any vehicle manufactured or sold by him, cause a notice of the defect to be given to —
(a)
the Registrar;
(b)
each person who has obtained such a vehicle from the manufacturer or dealer; and
(c)
each current owner of such a vehicle as determined from —
(i)
any warranty issued by the manufacturer or dealer with respect to the functioning of the vehicle that has, to the knowledge of the manufacturer or dealer, been given, sold or transferred to the current owner; or
(ii)
the vehicle registration records as kept by the Registrar.
[1/2003]
(2)  Where the Registrar is satisfied that the name of the current owner of a vehicle cannot reasonably be determined by a manufacturer or dealer in accordance with subsection (1)(c), the Registrar may —
(a)
order the manufacturer or dealer to give notice of the defect by publication in all daily newspapers in Singapore or by dissemination in such alternative medium for such period as the Registrar may determine; or
(b)
order that the current owner need not be notified.
[1/2003]
(3)  A notice required to be given under subsection (1) or (2) shall be in such form as the Registrar may require and shall —
(a)
contain a description of the defect, an evaluation of the safety risk arising from it and the directions for rectifying it; and
(b)
state the time and place at which the person to whom the notice is given may present his vehicle in order that the defect may be rectified by the manufacturer or dealer or his agent.
[1/2003]
(4)  Any manufacturer or dealer of vehicles who causes any notice to be given under subsection (1) or (2) in connection with any safety-related defect in any vehicle manufactured or sold by him shall —
(a)
within a period of one month from the date on which such notice is given; and
(b)
thereafter, within such subsequent period as the Registrar may require,
submit to the Registrar in such form as the Registrar may require a report containing such information relating to the safety-related defect and its rectification as the Registrar may require.
[1/2003]
(5)  Any person who, being a manufacturer or dealer of vehicles —
(a)
fails to comply with the requirements of subsection (1), (3) or (4) or any order given by the Registrar under subsection (2)(a); or
(b)
fails to rectify or secure the rectification by his agent of any safety-related defect in any vehicle that is presented for rectification pursuant to a notice given by the manufacturer or dealer under this section,
shall be guilty of an offence and shall be liable on conviction —
(i)
to a fine not exceeding $2,000 for each vehicle in respect of which the offence is committed, subject to a maximum fine of $50,000; and
(ii)
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.
[1/2003]
(6)  Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have the jurisdiction to try any offence under subsection (5) and to impose the maximum penalty prescribed therefor under that subsection.
[1/2003]
(7)  Any person who, being the owner of a vehicle in respect of which a notice has been given by a manufacturer or dealer under this section, fails to produce the vehicle for rectification within such period as may be specified in the notice or such other period as the Registrar may allow shall be guilty of an offence.
[1/2003]
(8)  The Authority, with the approval of the Minister, may make rules for the purposes of carrying this section into effect.
[1/2003]
(9)  In this section —
“dealer” means a person who is engaged in the business of importing or selling vehicles;
“safety-related defect”, in relation to a vehicle, means a feature of the design or construction of the vehicle that is liable to cause significant risk of personal injury or death to any person using the vehicle or any other road user, and includes any defect relating to a component of the vehicle that is bought by the manufacturer of the vehicle from a supplier and sold by the manufacturer of the vehicle together with the vehicle as original equipment.
[1/2003]
Alteration of vehicle or of its use
24.
—(1)  Where a vehicle licence has been taken out for a vehicle at any rate prescribed under this Act and the vehicle is, at any time while the licence is in force, used in an altered condition or in a manner or for a purpose which brings it within, or which if it was used solely in that condition or in that manner or for that purpose would bring it within, a description of vehicle to which a higher rate of tax is applicable under this Act, tax at that higher rate shall become chargeable in respect of the licence for the vehicle.
(2)  Where tax at a higher rate becomes chargeable under subsection (1) in respect of any vehicle licence, the licence may be exchanged for a new vehicle licence, for the period beginning with the date on which the higher rate of tax becomes chargeable and expiring at the end of the period for which the original vehicle licence was issued, on payment of the difference between the amount payable on the new licence and the amount to be refunded on the surrender of the original vehicle licence.
(3)  Where a vehicle licence has been taken out for a vehicle, and by reason of the vehicle being used as mentioned in subsection (1), a higher rate of tax becomes chargeable and tax at the higher rate was not paid before the vehicle was so used, the person so using the vehicle shall be guilty of an offence.
Visitors’ vehicles
25.
—(1)  Rules made under this Part may modify the provisions of this Part in the case of motor vehicles brought temporarily by persons resident outside Singapore and intending to make only a temporary stay in Singapore.
(2)  The rules may —
(a)
provide for the issue of a permit, in respect of a vehicle not registered under this Act that is brought into Singapore from any place outside Singapore (referred to in this section as a foreign vehicle), authorising the keeping and use in Singapore of the vehicle for such period as the Registrar may determine;
(b)
prescribe the manner of application for such permit;
(c)
prescribe the fees and charges payable for the issue of such permit in accordance with such rates as may be approved by the Minister;
(d)
prescribe the conditions for the issue of such permit;
(e)
provide for the extension of the period of validity of such permit;
(f)
provide for the cancellation of such permit;
(g)
provide for such permit to be stored in such electronic form as the Authority may determine;
(h)
regulate the use of such permit;
(i)
[Deleted by Act 1/2006 wef 23/06/2006]
(j)
provide for the levy of a tax for the keeping or use of a foreign vehicle in Singapore in accordance with such rates as may be prescribed by the Minister;
(k)
prescribe the manner in which any fee or tax payable under the rules is to be levied and collected, including the use of electronic or computerised or other facilities, and the use by the foreign vehicle concerned of specified points of exit from Singapore, for that purpose;
(l)
prescribe the records to be kept by the Registrar in connection with the rules; and
(m)
empower the Registrar and any officer authorised by him to prohibit the entry into or exit from Singapore of any foreign vehicle if any fee or tax payable under the rules in respect of that vehicle is in arrears.
[45/99]
(3)  Any rates prescribed by the rules may be made to apply only to vehicles of a specified class, category or description, and the Minister may prescribe different rates for vehicles of different classes, categories or descriptions or for vehicles used for different purposes.
[45/99]
(4)  Where a person is convicted of an offence under any of the rules, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of such fees or taxes as may be certified by an officer appointed by the Authority to be due and payable by him at the date of his conviction, and such amount may be recovered according to the law for the time being in force for the recovery of fines.
[45/99]
(5)  [Deleted by Act 1/2006 wef 23/06/2006]
Registration and identification marks
26.
—(1)  On the issue of a licence under this Part for a vehicle other than a bicycle, it shall be the duty of the Registrar to register the vehicle in the prescribed manner without any further application in that behalf by the person taking out the licence.
(2)  Subject to this section, the Registrar shall assign a separate number to every vehicle registered with him and a mark indicating both the registered number of the vehicle and the fact that it has been registered in Singapore shall be fixed on the vehicle or on any other vehicle drawn by the vehicle or on both in the prescribed manner.
(3)  The Registrar shall, on any application for the registration of a bicycle made to him in the prescribed manner and on payment of the prescribed fee, register such bicycle in the prescribed manner, assigning a separate number to every bicycle registered with him, and a mark indicating both the registered number and the fact that it has been registered shall be fixed on the bicycle in the prescribed manner.
(4)  If the mark to be fixed in accordance with this Act is not so fixed, or if being so fixed it is in any way obscured or rendered or allowed to become or to remain not easily distinguishable, the person driving the vehicle or having charge of the vehicle while it is being used shall be guilty of an offence.
(5)  A person charged under this section with having an obscured mark or with obscuring a mark or rendering or allowing it to become or to remain not easily distinguishable shall not be liable to be convicted on the charge if he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or not easily distinguishable.
(6)  A person shall not be liable to be convicted under this section if he proves that —
(a)
he had no reasonable opportunity of registering the vehicle in accordance with this section; and
(b)
the vehicle is being driven on the road for the purpose of being so registered.
Cancellation of registration
27.
—(1)  The Registrar may cancel the registration of a vehicle —
(a)
if the permit issued under section 10A authorising the registration of the vehicle under this Act has been cancelled or has expired and has not been restored or renewed within the time prescribed therefor by this Act or any rules;
(b)
if no licence under section 19 has been taken out for the vehicle for a period exceeding 3 years by the registered owner who has notified the Registrar that he will not use the vehicle during that period;
(c)
if the tax chargeable under section 11(1)(b) has not been paid by the registered owner of the vehicle for a period of 12 months or any longer period;
(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;
(e)
if the vehicle exceeds the age-limit prescribed for the class or description of vehicles to which the vehicle belongs; or
[7/90; 33/93]
(f)
if the vehicle has been forfeited pursuant to any written law.
(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.
(3)  Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $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 not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.
[45/99]
General licences
28.
—(1)  Any person being a manufacturer or repairer of or a dealer in vehicles may apply to the Registrar in the prescribed manner to be allowed, in lieu of taking out a licence under this Part for each vehicle kept or used by him, to take out a general licence in respect of all vehicles kept or used by him.
[28/2001]
(2)  Subject to subsection (5), the Registrar, upon receiving an application under subsection (1), may —
(a)
if satisfied as to the bona fides of the applicant; and
(b)
on payment by the applicant of the prescribed levy,
issue a general licence to the applicant either unconditionally or subject to such conditions as the Registrar thinks fit to impose.
[28/2001]
(3)  The holder of any licence issued under this section shall not be entitled by virtue of that licence to use —
(a)
more than one vehicle at any one time except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes; or
(b)
any vehicle for any purpose other than such purposes as may be prescribed.
[28/2001]
(4)  Nothing in this section shall operate to prevent a person entitled to take out a general licence from holding 2 or more such licences.
(5)  A general licence shall not be issued until the applicant has produced to the Registrar such evidence as the Registrar may require that either —
(a)
for the period of the licence there will be in force the policy of insurance or the security required by law in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission; or
(b)
the vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) does not apply at any time when it is being driven by the owner thereof or by an employee of his in the course of his employment or is otherwise subject to the control of the owner.
[28/2001]
(6)  Provision may be made by rules under this Act for the issue of more than one type of general licence and for assigning a general identification mark to a person holding any licence issued under this section.
(7)  No general licence shall be assigned or transferred and the holder of any general licence who shall assign or transfer or attempt to assign or transfer the licence shall be guilty of an offence.
(8)  The Registrar may suspend or revoke a general licence if he is satisfied —
(a)
that the issue of the licence has been procured by fraud or misrepresentation; or
(b)
that the person to whom the general licence was issued has contravened or failed to comply with any of the provisions of this Act or with any condition of the general licence.
[28/2001]
(9)  Upon the suspension or revocation of a licence under subsection (8), the holder of the general licence shall surrender the general licence to the Registrar.
[28/2001]
(10)  If any person is aggrieved by the refusal of the Registrar to issue a general licence or by the suspension or revocation of a general licence, he may appeal to the Minister.
[28/2001]
(11)  The Minister shall, on any such appeal, make such order in the matter as he thinks just and the Registrar shall comply with any order so made.
(12)  Any order made by the Minister under subsection (11) shall be final.
[28/2001]
Special purpose licences
28A.
—(1)  Any person intending to keep or use any vehicle for purposes of research and development or for any other special purpose may apply to the Registrar for a licence (referred to in this Part as a special purpose licence) allowing him to keep or use such vehicle on a road.
[28/2001]
(2)  Sections 10 and 11 shall not apply in respect of a vehicle that is licensed under this section.
[28/2001]
(3)  Upon receiving an application under subsection (1) and upon payment by the applicant of the prescribed levy, the Registrar may issue a special purpose licence to the applicant either unconditionally or subject to such conditions as the Registrar thinks fit to impose.
[28/2001]
(4)  The Registrar may suspend or cancel a special purpose licence if the vehicle in respect of which the special purpose licence has been issued is kept or used in contravention of —
(a)
any of the provisions of this Act; or
(b)
any of the conditions subject to which the special purpose licence was issued.
[28/2001]
(5)  The Registrar shall not issue a special purpose licence in respect of any vehicle until the applicant for the special purpose licence has produced to the Registrar such evidence as the Registrar may require that either —
(a)
for the period of the special purpose licence there will be in force such policy of insurance or security as is required by law in relation to the use of the vehicle by the applicant or by any other person on his order or with his permission; or
(b)
the vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) does not apply at any time when it is being driven by the owner thereof or by an employee of his in the course of his employment or when it is otherwise subject to the control of the owner.
[28/2001]
(6)  A special purpose licence issued to any person under this section shall not be transferable to any other person and the holder of any such special purpose licence who transfers or attempts to transfer his licence to any other person shall be guilty of an offence.
[28/2001]
Offences in connection with registration and licensing of vehicles
29.
—(1)  If any person possesses or uses any vehicle, other than a bicycle or a trishaw, for which a licence under this Part is not in force or causes or permits it to be so used or, being the holder of a general licence or general licences issued under this Act, uses at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[28/2001]
(2)  If any person uses a bicycle which has not been registered or a trishaw which has not been licensed under this Part, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.
(3)  Proceedings for a penalty under subsection (1) or (2) may be brought at any time within a period of 12 months from the date on which the offence was committed.
(4)  Where a licence has been taken out for a motor vehicle to be used solely for a certain purpose and the motor vehicle is, at any time during the period for which the licence is in force, used for some other purpose, the person so using the motor vehicle or causing or permitting it to be so used shall, if the rate of fee chargeable in respect of a licence for a motor vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, shall in addition be liable to imprisonment for a term not exceeding 3 months.
(5)  If in any proceedings under this section any question arises —
(a)
as to the number of motor vehicles used;
(b)
as to the character, weight and horse-power of any motor vehicle;
(c)
as to the number of seats provided in a motor vehicle; or
(d)
as to the purposes for which any motor vehicle has been used,
it shall be sufficient for a witness for the prosecution to swear that, in consequence of inquiries which he has made or of reports which he has received, he has reasonable grounds for believing that —
(i)
the number of motor vehicles used;
(ii)
the character, weight and horse-power of any motor vehicle;
(iii)
the number of seats provided in a motor vehicle; or
(iv)
the purposes for which any motor vehicle has been used,
or any one or more of these facts was or were such as would be necessary to establish the offence charged.
(6)  Thereupon the burden shall be on the defendant to prove that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle, the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used (as the case may require) was or were in fact such that the offence charged was not in law committed by him.
Court may order offender to pay arrears of taxes
29A.
—(1)  Where a person is convicted of an offence under section 15 or 29, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of any taxes as may be certified by an officer appointed by the Authority to be due and payable under section 11(1)(b) by such person at the date of his conviction.
[28/2001]
(2)  The amount under subsection (1) may be recovered according to the law for the time being in force for the recovery of fines.
[28/2001]
Power to seize and sell vehicles
30.
—(1)  If any tax payable in respect of any vehicle remains unpaid after one month commencing from the date of expiry of the licence last in force for the vehicle, the Registrar may issue a warrant in the prescribed form directing the officer named therein to seize the vehicle and recover the tax due from the proceeds of the sale of the vehicle.
(2)  The person to whom any warrant is addressed may break open in the daytime any house or building for the purpose of the seizure of the vehicle in pursuance of such warrant.
(3)  Such fees as are prescribed by the Authority shall be payable by way of costs in the case of the issue of a warrant for the recovery of any tax under this section.
[28/95]
Limitation on bringing of proceedings for recovery of over-payment of tax
31.  No proceedings shall be brought for enforcing any repayment of tax to which a person may be entitled in respect of any over-payment of tax made on a vehicle licence taken out by him, unless the proceedings are brought before the expiration of the 12 months beginning with the end of the period in respect of which the licence was taken out.
32.  [Repealed by Act 4/2006 wef 27/02/2006]
Exemptions and application to vehicles belonging to Government
33.
—(1)  The Minister may, in special cases and for a particular occasion, exempt any vehicle or type of vehicle from the operation of all or any of the provisions of this Part or from the taxes, fees or levies payable thereunder or may reduce such taxes, fees or levies.
(2)  This Part shall apply to vehicles belonging to the Government.
[16/91]
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.
Rules for purposes of this Part
34.
—(1)  The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect and, in particular, may make rules —
(a)
to regulate the registration and licensing of vehicles, to prescribe the forms of application for and the contents of vehicle licences, and to provide special facilities for the licensing of motor vehicles brought into Singapore from places outside Singapore;
(b)
(c)
to prescribe the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be secured, sealed, displayed and rendered easily distinguishable whether by night or by day and to prohibit those marks, signs and seals from being tampered with;
(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;
(e)
to prescribe the form of, and the particulars to be included in, the register with respect to vehicles for which a general licence has been taken out by a manufacturer, repairer or dealer and the identification marks to be carried by any such vehicle and to define the purposes for which the holder of a general licence may use a vehicle under such general licence;
(f)
to extend any provisions as to registration and provisions incidental to any such provisions to any vehicle in respect of which taxes chargeable under this Part are not payable and to provide for the identification of any such vehicle;
(g)
to provide for information contained in any records maintained by the Registrar with respect to the marking, registration or keeping of vehicles to be made public or to be made available, either without payment or on payment of the prescribed fee, to such persons as may be determined by or under the rules;
(h)
with respect to the form and particulars to be included in a notice under section 17(2)(b), the manner of giving such a notice and the time at which it is to be treated as being given;
(i)
for securing that notice under section 17(2)(b) is not given in respect of a period of less than 30 days or more than 12 months;
(j)
as to the mode of calculating the period in respect of which notice under section 17(2)(b) is to be treated as given;
(k)
with respect to the mode of proving the giving of the said notice;
(l)
for deeming the said notice to have been given in relation to a vehicle in respect of any period or at any time if in the circumstances of any particular case the Minister considers it reasonable to do so;
(m)
to make provision with respect to the furnishing of information and production of certificates of insurance or security and with respect to the registration and identification of such vehicles (including vehicles belonging to the Government);
(n)
to prescribe the particulars to be marked on vehicles and trailers;
(o)
to prescribe such fees and costs as are payable for the recovery of any tax payable under this Act;
(p)
to prohibit the registration under this Act of used vehicles beyond a prescribed age-limit;
(q)
to prescribe a levy for the re-registration of a used vehicle in the name of the purchaser of the vehicle; and
(r)
to regulate the registration, licensing, keeping and use of heavy vehicles.
[7/90; 16/91; 33/93; 28/2001; 1/2003]
(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 .
PART IA
ROAD-USER CHARGES
Interpretation of this Part
34A.  In this Part —
“authorised officer” means any employee of the Authority, or any other person, who is duly authorised by the Registrar in writing to carry out any particular function or to exercise any particular power under this Part;
“prescribed hours” means such hours as the Minister may prescribe for the levying of a road-user charge in respect of any specified road;
“road-user charge” means the charge payable for riding, driving or moving a motor vehicle on a specified road during the prescribed hours;
“specified road” means any road or part thereof as may be specified in rules made under this Part.
Levying of road-user charge
34B.
—(1)  The Minister may prescribe road-user charges to be paid in connection with the use of any specified road.
[5/98]
(2)  All road-user charges collected under this Part shall be paid into the Consolidated Fund.
[5/98]
Electronic or computerised or other charge collecting facilities
34C.  The Authority may install or cause to be installed on any road in respect of which a road-user charge is levied under this Part such electronic or computerised or other facilities as it thinks fit for the purpose of collecting the road-user charge and may also install or cause to be installed such ancillary facilities as the Authority thinks necessary.
[5/98]
Rules for purposes of this Part
34D.
—(1)  The Minister may make rules for the purposes of carrying this Part into effect and, in particular, may make rules —
(a)
specifying the roads in respect of which, and the days and hours during which, a road-user charge shall be levied;
(b)
prescribing the amount of road-user charge to be levied in respect of any specified road and for this purpose, road-user charges of different amounts may be prescribed in respect of —
(i)
different specified roads or parts thereof;
(ii)
different hours of the day or different days of the week; and
(iii)
different classes, categories or descriptions of vehicles;
(c)
prescribing the manner in which road-user charges shall be levied and collected, including the use of electronic or computerised or other facilities therefor, and for this purpose, the rules may —
(i)
require all vehicles (whether registered in Singapore or elsewhere) to be installed with such devices and appurtenances and in such manner as may be prescribed before they may be ridden, driven or moved on a specified road during the prescribed hours;
(ii)
[Deleted by Act 1/2006 wef 23/06/2006]
(iii)
prohibit the sale, supply, installation, repair or maintenance of any device or appurtenance prescribed under sub-paragraph (i) by any person not authorised by the Registrar to do so;
(iv)
specify the conditions under which any device or appurtenance prescribed under sub-paragraph (i) may be removed from one vehicle and installed in another or transferred from one person to another; and
(d)
prescribing the records to be kept by the Registrar in connection with this Part and regulating the disclosure by the Registrar of any information in such records.
[5/98]
(2)  Where a person is convicted of an offence under the rules, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of road-user charge as may be certified by an officer appointed by the Authority in that behalf to be due from such person at the date of such conviction and such amount may be recovered according to the law for the time being in force for the recovery of fines.
[5/98]
(3)  [Deleted by Act 1/2006 wef 23/06/2006]
Registrar’s power of inspection and seizure, etc.
34E.
—(1)  The Registrar may, by notice in writing, require the owner of any vehicle in which any device or appurtenance has been installed for the purpose of this Part to produce the vehicle before the Registrar or an authorised officer at such time and place as the Registrar may appoint in order that the Registrar or authorised officer may inspect or test the device or appurtenance.
[5/98]
(2)  The Registrar or authorised officer may remove from a vehicle which has been produced before him pursuant to subsection (1) any device or appurtenance which has been installed therein for the purpose of this Part if the Registrar or authorised officer is of the opinion that the device or appurtenance cannot be properly inspected or tested without being so removed.
[5/98]
(3)  If, upon inspecting any such device or appurtenance, the Registrar or authorised officer is satisfied that there is or has been any contravention of any of the provisions of this Part or the rules made under section 34D concerning the device or appurtenance, the Registrar or authorised officer may remove the device or appurtenance from the vehicle and dispose of it in such manner as he thinks fit.
[5/98]
(4)  Any person who fails to comply with a notice issued under subsection (1) shall be guilty of an offence.
[5/98]
(5)  Where a person on whom a notice is served under subsection (1) fails to comply with the notice, the Registrar or an authorised officer may seize and detain the vehicle in order to carry out any inspection or test under subsection (1).
[5/98]
(6)  Where any vehicle is seized and detained under subsection (5), the Registrar or authorised officer shall immediately inform the owner of the vehicle in writing of the seizure and detention and if the vehicle is not claimed by its owner within 3 months of the date of its seizure —
(a)
the Registrar or authorised officer may, after giving one month’s notice in the Gazette, sell the vehicle by public auction or otherwise dispose of the vehicle in such manner as he thinks fit; and
(b)
the proceeds, if any, from the sale or disposal of the vehicle shall be applied in payment of any road-user charges which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and the surplus, if any, shall be paid into the Consolidated Fund, if unclaimed by the owner within a period of 12 months.
[5/98]
PART II
LICENSING OF DRIVERS
Licensing of drivers, etc.
35.
—(1)  Except as otherwise provided in this Act, no person shall drive a motor vehicle of any class or description on a road unless he is the holder of a driving licence authorising him to drive a motor vehicle of that class or description.
(2)  No person shall employ or permit another person to drive a motor vehicle on a road unless the person so employed or permitted to drive is the holder of such a driving licence.
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence.
(4)  An application for a driving licence shall be made in the prescribed form to the Deputy Commissioner of Police.
(5)  On an application for the grant of a driving licence, the applicant shall, in addition to any declaration required under this Act, state whether —
(a)
he has held a driver’s certificate or licence in any part of the world;
(b)
any such certificate or licence has been endorsed, suspended or cancelled;
(c)
he has been disqualified from holding a licence; and
(d)
he is under the provisions of this Act disqualified by reason of age or otherwise from obtaining the licence for which he is applying.
(6)  Subject to the provisions of this Part as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Deputy Commissioner of Police shall, on payment of the prescribed fee, grant a licence to any person who applies for it in the prescribed manner and makes a declaration in the prescribed form that he is not disqualified by reason of age or otherwise from obtaining the licence for which he is applying.
(7)  The Deputy Commissioner of Police shall grant a licence under subsection (6) except in the case of an applicant —
(a)
who is disqualified as provided under this section; or
(b)
to whom, in the opinion of the Deputy Commissioner of Police, it would not be in the public interest to grant a licence.
(8)  A driving licence may authorise the holder thereof to drive all classes of motor vehicles or such class or classes or such type or types within any class or classes as the Deputy Commissioner of Police may specify therein.
(9)  Where the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction shall be specified in the prescribed manner on the driving licence.
(10)  Subject to the provisions of this Act, unless earlier revoked or surrendered —
(a)
a driving licence or a renewal thereof granted to a person who is a citizen or permanent resident of Singapore shall remain in force for the lifetime of that person; and
(b)
a driving licence or a renewal thereof granted to a person who is not a citizen or permanent resident of Singapore shall remain in force for a period not exceeding 5 years from the date of such grant.
[21/2002]
(11)  Subsection (10) shall not apply to a provisional licence referred to in section 36(3).
[21/2002]
(12)  In subsection (10), “permanent resident” means a person who is not subject to any restriction as to his period of residence in Singapore imposed under the Immigration Act (Cap. 133).
[21/2002]
(13)  The Deputy Commissioner of Police may refuse to renew any driving licence, or may renew it for a period shorter than that provided for in subsection (10)(a) or (b), if he is satisfied —
(a)
that the holder of the driving licence has not complied with any process of court issued against him in respect of any offence committed by him under this Act or any written law specified in Part II of the First Schedule; or
(b)
that the holder of the driving licence has, pursuant to a warrant of court, been arrested in connection with an offence under this Act or any written law specified in Part II of the First Schedule and the offence has not been tried and determined by the court.
[1/99; 28/2001; 21/2002]
(14)  Subject to subsection (15), the Minister may, by notification in the Gazette, amend Part II of the First Schedule.
[8/94; 28/2001]
(15)  The Minister shall, before exercising his powers under subsection (14), consult the Minister responsible for the written law to which the amendment relates.
[8/94]
(16)  Where a driving licence has lapsed for a period of 3 years or more, the Deputy Commissioner of Police shall not renew the licence or grant a new licence to the person who held such a licence unless —
(a)
he passes the prescribed test of competence to drive; or
(b)
the Deputy Commissioner of Police is satisfied that, at some time within 3 years before the date of the application, the applicant has held a driver’s certificate or licence granted by the competent authority in any country authorising him to drive a motor vehicle of the class or description which he would be authorised to drive by the licence applied for.
[7/90]
(17)  A person shall be disqualified from obtaining a driving licence —
(a)
while another driving licence granted to him is in force whether the licence is suspended or not;
(b)
if he is, by a conviction under this Act or by an order of a court in Singapore or Malaysia, disqualified from holding or obtaining a driving licence.
(18)  In any proceedings, the fact that a driving licence has been granted to a person shall be evidence that the person for the purpose of obtaining the licence made a declaration that he was not disqualified from holding or obtaining the licence.
(19)  If any person is aggrieved by the refusal of the Deputy Commissioner of Police to grant a driving licence or by the revocation of a driving licence under section 37, he may, after giving the Deputy Commissioner of Police notice of his intention to do so, appeal to the Minister and on any such appeal the Minister may make such order as he thinks fit and any order so made shall be binding on the Deputy Commissioner of Police.
Power of Deputy Commissioner of Police to revoke driving licence
35A.
—(1)  The Deputy Commissioner of Police may revoke a driving licence if —
(a)
within a period of 12 months from the date of the grant of the licence, the record of the holder of the licence (as kept by the Deputy Commissioner of Police for the purposes of this section) as a driver of motor vehicles establishes that it would not be in the interests of public safety for him to continue to hold the licence, or that he is not competent to drive a motor vehicle;
(b)
the holder of the licence —
(i)
had, at any time before being granted that licence, committed an offence while driving a motor vehicle of a class or description which he was authorised to drive by virtue of another driving licence held by him at the time; and
(ii)
after being granted the first-mentioned licence, is dealt with by the court or the Deputy Commissioner of Police for the offence referred to in sub-paragraph (i) in such manner as would, by virtue of any rules relating to the prescribed test of competence leading to the grant of the first-mentioned licence, have caused him to be disallowed from taking such test had he been so dealt with for that offence before he took that test; or
(c)
the Deputy Commissioner of Police becomes aware of a circumstance that would have required or permitted him to refuse to grant a driving licence to any person, had the Deputy Commissioner of Police been aware of the circumstance immediately before granting the driving licence.
(2)  For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act.
[7/90]
(3)  The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[7/90]
(4)  The power conferred upon the Deputy Commissioner of Police by this section to revoke the driving licence of a person may be exercised at such time as the Deputy Commissioner of Police thinks fit after the maximum number of points, referred to in subsection (3), has been awarded against such person.
[7/90]
(5)  Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may revoke the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.
[7/90]
(6)  Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.
[7/90]
(7)  Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.
[7/90]
(8)  For the purposes of this section, a person shall be deemed to have committed an offence under this Act if he pays the prescribed penalty for that offence under section 132.
[7/90]
Licensee may show cause why driving licence should not be revoked
35B.
—(1)  The Deputy Commissioner of Police shall, before revoking a driving licence of a person under section 35A, give the person concerned notice in writing of his intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which such revocation shall be made and calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be revoked.
[7/90]
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to revoke the driving licence of such person pursuant to section 35A, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the revocation.
[7/90]
(3)  A person may, within 14 days of the receipt of the notice referred to in subsection (2), or within such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.
[7/90]
(4)  An order of revocation under section 35A shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
[7/90]
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
[7/90]
Surrender of driving licence
35C.
—(1)  The Deputy Commissioner of Police shall, upon revoking a licence under section 35A, require the licence to be surrendered to and retained by him.
[7/90]
(2)  Any person whose driving licence has been revoked under section 35A shall immediately surrender the driving licence to the Deputy Commissioner of Police.
[7/90]
(3)  Any person whose driving licence has been revoked under section 35A shall not drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
[7/90]
(4)  Any person who drives a motor vehicle on a road when his driving licence is revoked under section 35A shall be guilty of an offence.
[7/90]
Tests of competence to drive of new applicants for driving licences
36.
—(1)  A driving licence shall not be granted to any applicant unless he passes the prescribed test of competence to drive.
[9/85]
(2)  Notwithstanding subsection (1), the Deputy Commissioner of Police may grant a driving licence to an applicant who satisfies him that at some time within 3 years before the date on which he makes the application he has held a driver’s certificate or licence issued by the competent authority in any country authorising him to drive motor vehicles of the class or description which he would be authorised to drive by the licence applied for.
(3)  Subject to subsection (6), for the purpose of enabling the applicant for a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the Deputy Commissioner of Police may, if so requested by the applicant and on payment of the prescribed fee, grant to the applicant a provisional licence to be in force for a period of 6 months.
(4)  A provisional licence shall be in the prescribed form and granted subject to the prescribed conditions.
(5)  If any person to whom such a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.
(6)  A provisional licence to drive a motor cycle shall not be granted to any applicant unless he has completed a prescribed course of training to enable him to obtain a provisional licence.
[9/85]
(7)  The court before which a person is convicted of an offence under section 64, 65 or 65A may, whether he has previously passed the prescribed test of competence to drive or not and whether or not the court makes an order under section 42 disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified from holding or obtaining a licence to drive a motor vehicle until he has since the date of the order passed the test.
[11/96]
(8)  The provisions of this Act which have effect where an order disqualifying a person from holding or obtaining a driving licence is made shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications:
(a)
notwithstanding section 35(17) or 43(3), the person disqualified shall (unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section) be entitled to obtain and to hold a provisional driving licence to be granted under subsection (3) and to drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted;
(b)
the disqualification shall be deemed to have expired on production to the Deputy Commissioner of Police of evidence that the person has since the order was made passed the prescribed test;
(c)
on the return to the person disqualified of any driving licence held by him or on the issue to him of such a licence there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has since the order was made passed the prescribed test.
Provisions as to physical fitness of applicants for driving licences
37.
—(1)  On an application for the grant of a driving licence, the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a motor vehicle of such a class or description as he would be authorised by the licence to drive, to be a source of danger to the public.
(2)  If from the declaration it appears that the applicant is suffering from any such disease or disability as specified in subsection (1), the Deputy Commissioner of Police shall refuse to grant the driving licence.
(3)  A driving licence limited to driving an invalid carriage may be granted to the applicant if the Deputy Commissioner of Police is satisfied that he is fit to drive such a carriage.
(4)  The applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to a test as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorised by the licence to drive.
(5)  If the applicant passes the prescribed test and is not otherwise disqualified, the driving licence shall not be refused by reason only of the provisions of subsection (2), except that if the test proves his fitness to drive motor vehicles of a particular construction or design only, the driving licence shall be limited to the driving of such vehicles.
(6)  If it appears to the Deputy Commissioner of Police that there is reason to believe that any person who holds a driving licence is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a motor vehicle of any such class or description as he is authorised by the licence to drive, to be a source of danger to the public and, after making such inquiry as he considers necessary, the Deputy Commissioner of Police is satisfied that the licence holder is so suffering then, whether or not the licence holder so suffering has previously passed a test under this section, the Deputy Commissioner of Police may, after giving to the licence holder notice of such intention, revoke the driving licence.
(7)  The licence holder shall on receipt of such notice deliver the driving licence to the Deputy Commissioner of Police for cancellation.
(8)  The licence holder may, except in the case of such diseases and disabilities as may be prescribed, claim to be subjected to a test as to his fitness or disability to drive a motor vehicle and, if he passes the prescribed test, the driving licence shall not be revoked or, if it has already been revoked, shall be returned to the licence holder and the revocation thereof shall be rescinded.
(9)  Subject to the provisions of this Act, a driving licence or a renewal thereof referred to in section 35(10)(a) or (b) shall cease to be valid when the licence holder attains any of the prescribed ages, unless he has, before attaining such age, undergone the prescribed medical examination and is duly certified by a medical practitioner as being fit to drive a motor vehicle.
[21/2002]
Recognition of foreign driving licences and driving permits
38.
—(1)  Subject to the provisions of this Act, it shall be lawful for any of the following persons who holds a valid foreign driving licence to drive in Singapore, during the period specified in paragraph (a) or (b) (as the case may be), a motor vehicle of the class or description which the foreign driving licence authorises him to drive, notwithstanding that he does not hold a driving licence granted under this Part:
(a)
in the case of a person who, on or after the date of commencement of section 4 of the Road Traffic (Amendment) Act 2010, becomes a citizen or permanent resident of Singapore, a period of 3 months commencing from the date on which he is issued with a certificate of citizenship pursuant to the Constitution of the Republic of Singapore or an entry permit pursuant to the Immigration Act (Cap. 133) (as the case may be);
(b)
in the case of a person who —
(i)
is neither a citizen nor permanent resident of Singapore; and
(ii)
is resident outside Singapore but is temporarily in Singapore,
a period of 12 months commencing from the date of his last entry into Singapore.
(2)  It shall be lawful for —
(a)
a member of a visiting force; or
(b)
a member of a civilian component of such visiting force,
who holds a driving permit issued to him by a competent authority of the country of the visiting force to drive in Singapore a motor vehicle belonging to the country of the visiting force which is of the class or description specified in the driving permit, notwithstanding that he does not hold a driving licence granted under this Part.
[1/99]
(3)  In this section —
“permanent resident” means a person who is not subject to any restriction as to his period of residence in Singapore imposed under the Immigration Act (Cap. 133);
“visiting force” and “civilian component” shall have the same meanings as in the Visiting Forces Act (Cap. 344).
Production of driving licences
39.
—(1)  Any person driving a motor vehicle on a road shall, on being so required by a police officer, produce his driving licence for examination so as to enable the police officer to ascertain his name and address, the date of issue and the authority by which it was issued, and if he fails to do so he shall be guilty of an offence.
(2)  Notwithstanding subsection (1), if within 24 hours after the production of his driving licence was so required, the licensee produces the licence in person at such police office or police station in Singapore as may be specified by the police officer at the time its production was required, the licensee shall not be convicted of an offence under this section.
(3)  Subsection (2) shall not apply to a paid driver or to the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods.
Possession of driving licence belonging to another person
40.
—(1)  If the Deputy Commissioner of Police has reasonable cause to believe that a driving licence is in the possession of any person other than the person to whom it was issued, he may, by notice in writing served personally on the person in whose possession the licence is alleged to be, require him immediately to deliver the driving licence to the Deputy Commissioner of Police who shall, in the absence of any reason to the contrary, deliver the driving licence to the person to whom it was issued.
(2)  Any person who fails, without reasonable cause, to comply with a notice under subsection (1) shall be guilty of an offence.
Paid drivers to attend when required
41.
—(1)  Every paid driver shall, if so required in writing by the Deputy Commissioner of Police, attend at the office of the Deputy Commissioner of Police and, if so required, shall permit impressions of his fingers to be taken and produce his driving licence.
(2)  Any person who fails, without reasonable cause, to comply with the requirements of this section shall be guilty of an offence.
Disqualification for offences
42.
—(1)  A court before which a person is convicted of any offence in connection with the driving of a motor vehicle may, in any case except where otherwise expressly provided by this Act and shall, where so required by this Act, order him to be disqualified from holding or obtaining a driving licence for life or for such period as the court may think fit.
(2)  Where a person (referred to in this section as the offender), is convicted of an offence under section 267B, 304, 304A, 323, 324, 325, 326, 341, 342, 350, 352, 426 or 427 of the Penal Code (Cap. 224) and —
(a)
at the time of the commission of the offence the offender was the driver or was in charge of a motor vehicle on a road or other public place;
(b)
the person against whom the offence was committed was the driver of another vehicle on the road or public place, a passenger in that other vehicle or a pedestrian on the road or public place;
(c)
the court convicting the offender of the offence is satisfied that the commission of the offence arose from or was connected with a dispute between the offender and that other person over the use of the road or public place; and
(d)
having regard to the circumstances under which the offence was committed and the behaviour of the offender, the court is of the opinion that it is undesirable for the offender to continue to be allowed to drive a motor vehicle,
the court may, in addition to imposing on the offender the punishment provided for such offence, make an order disqualifying him from holding or obtaining a driving licence for life or for such period as the court may think fit.
[1/99]
(3)  If the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the motor vehicle in relation to which the offence was committed.
(4)  A person who, by virtue of an order of a court, is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order.
Disqualification for failing to attend court
42A.
—(1)  The Public Prosecutor may apply to the court for an order disqualifying a person from holding or obtaining a driving licence if —
(a)
that person is accused of an offence under this Act or any written law specified in Part II of the First Schedule and had failed to appear before a court to answer the charge against him notwithstanding that he had been served with the appropriate process of court requiring him to so appear before that court;
(b)
the court before which he was to have appeared had, pursuant to his default in appearance, issued a warrant for his arrest;
(c)
he has been arrested pursuant to the warrant and subsequently released on bail;
(d)
he has been duly informed by —
(i)
the Deputy Commissioner of Police;
(ii)
the officer who arrested him; or
(iii)
if he is accused of an offence under any written law specified in Part II of the First Schedule, an officer responsible for administering such written law,
that should he fail to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused, the Public Prosecutor shall make an application under this section for him to be disqualified from holding or obtaining a driving licence; and
(e)
he has failed, without lawful excuse, to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused.
[1/99; 28/2001]
(2)  Upon an application made by the Public Prosecutor under subsection (1), the court, if satisfied of the matters referred to in subsection (1)(a) to (e) and, having regard to the circumstances of the case and the behaviour of the accused person, is of the opinion that it is undesirable for him to continue to be allowed to drive a motor vehicle, may make an order disqualifying the accused person from holding or obtaining a driving licence until the offence of which he is accused has been tried and determined by a court or for such other period as the court thinks fit.
[1/99]
(3)  Where the court makes an order under subsection (2) disqualifying a person from holding or obtaining a driving licence for any period ending before the trial and determination of the offence of which that person is accused, the court may, on further application of the Public Prosecutor, extend the period of the disqualification if it thinks fit.
[1/99]
Provisions as to disqualifications and suspensions
43.
—(1)  Where a person who is disqualified by virtue of a conviction or order under this Act is the holder of a driving licence, the licence shall —
(a)
be suspended as long as the disqualification continues in force if he is disqualified from holding or obtaining a driving licence for a period of less than one year; and
(b)
be of no effect if he is disqualified from holding or obtaining a driving licence for a period of one year or longer and he shall not drive a motor vehicle after the period of disqualification unless he passes the prescribed test of competence to drive.
[7/90]
(2)  A driving licence suspended by virtue of subsection (1) or section 45, 47B or 47C shall, during the time of suspension, be of no effect.
[7/90]
(3)  If any person who under the provisions of this Act is disqualified from holding or obtaining a driving licence applies for or obtains a driving licence while he is so disqualified, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and a driving licence obtained by him shall be of no effect.
[3/93]
(4)  If any person who is disqualified as mentioned in subsection (3) drives on a road a motor vehicle or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[3/93]
(5)  Where any person has been convicted of an offence under subsection (4) and such conviction is a second or subsequent conviction and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court shall, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle.
[3/93]
(6)  The court shall not make an order for the forfeiture of the vehicle if the court is satisfied that —
(a)
the person who has committed the offence is not the owner of the vehicle; and
(b)
the person who has committed the offence had used the vehicle without the consent of the owner or where he had used the vehicle with the consent of the owner, that the owner had no knowledge of his disqualification under this Act from holding or obtaining a driving licence.
[3/93]
(7)  Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence under subsection (4) may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar.
[3/93]
(8)  If there be no prosecution with regard to an offence under subsection (4), the motor vehicle seized pursuant to subsection (7) shall be released at the expiration of one month from the date of seizure unless it has been earlier released.
[3/93]
(9)  Notwithstanding any written law prescribing the time within which proceedings may be instituted, proceedings for an offence under subsection (3) may be instituted —
(a)
within a period of 6 months from the date of the commission of the alleged offence; or
(b)
within a period which exceeds neither 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence,
whichever period is the longer.
Recording of particulars of convictions or disqualifications by Deputy Commissioner of Police
44.
—(1)  Where a person is convicted of an offence in connection with the driving of a motor vehicle or is disqualified by any court from holding or obtaining a driving licence, the court shall send notice of the conviction or order of disqualification to the Deputy Commissioner of Police who shall thereupon cause particulars of the conviction or disqualification to be recorded.
(2)  In any proceedings in any court, a certificate, purporting to be signed by the Deputy Commissioner of Police or any officer authorised by him, relating to the particulars of any conviction or disqualification recorded and maintained under subsection (1) shall be prima facie evidence of the conviction or disqualification.
(3)  Where a person is disqualified by any court from holding a driving licence, he shall deliver his driving licence, if any, within 7 days of the order of disqualification to the Deputy Commissioner of Police who shall —
(a)
cancel it or keep it during the period of disqualification; or
(b)
if the disqualification does not apply to all the classes of vehicles which that person is permitted to drive then the Deputy Commissioner of Police shall return the driving licence to him after having made the necessary endorsement thereon.
Power of Deputy Commissioner of Police to suspend driving licence
45.
—(1)  Notwithstanding anything in this Act, the Deputy Commissioner of Police may suspend a driving licence of a person for a period not exceeding 3 years if the person’s record (as kept by the Deputy Commissioner of Police) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[7/90]
(2)  For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act.
(3)  The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
(4)  The power conferred upon the Deputy Commissioner of Police by this section to suspend the driving licence of a person may be exercised at such time after the maximum number of points, referred to in subsection (3), has been awarded against such person as the Deputy Commissioner of Police thinks fit.
(5)  Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may suspend the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.
(6)  Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.
(7)  Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.
(8)  For the purposes of this section, a person shall be deemed to have committed an offence under this Act if he pays the prescribed penalty for that offence under section 132.
(9)  In addition to the power conferred on the Deputy Commissioner of Police by subsection (1), if a person who holds a driving licence —
(a)
fails to comply with any process of court issued against him in respect of any offence committed by him under this Act or any written law specified in Part II of the First Schedule; or
(b)
is arrested under a warrant of court in connection with an offence under this Act or any written law specified in Part II of the First Schedule and the offence has not been tried and determined by the court,
the Deputy Commissioner of Police may, as he thinks fit, suspend the driving licence held by that person until he is satisfied that that person has complied with the process of court referred to in paragraph (a) or until the offence referred to in paragraph (b) has been tried and determined by the court, as the case may be.
[21/2002]
Licensee may show cause why driving licence should not be suspended
46.
—(1)  The Deputy Commissioner of Police shall, before suspending a driving licence of a person under section 45, give the person concerned notice in writing of his intention to do so —
(a)
specifying a date, not less than 14 days after the date of the notice, upon which such suspension shall be made; and
(b)
calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be suspended.
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to suspend the driving licence of such person under section 45, the Deputy Commissioner of Police shall immediately inform the person by notice in writing of the suspension.
(3)  A person may, within —
(a)
14 days of the receipt of the notice referred to in subsection (2); or
(b)
such extended period of time as the Minister may allow,
appeal in writing against the suspension to the Minister whose decision shall be final.
(4)  An order of suspension under section 45 shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
Surrender and return of driving licence
47.
—(1)  The Deputy Commissioner of Police shall, upon suspending a driving licence under section 45, require the licence to be surrendered to and retained by him.
(2)  Any person whose driving licence has been suspended under section 45 shall immediately surrender the driving licence to the Deputy Commissioner of Police.
(3)  At the end of a period of suspension, a driving licence surrendered to the Deputy Commissioner of Police under subsection (2) shall be returned to the holder thereof and, in the case only of a driving licence suspended under section 45(1), the points awarded against him shall be cancelled.
[21/2002]
(4)  Any person whose driving licence has been suspended under section 45 shall not during the period of suspension drive a motor vehicle on a road under any other driving licence issued by any authority or otherwise.
(5)  Any person who drives a motor vehicle on a road when his driving licence is suspended under section 45 shall be guilty of an offence.
Effect of suspension of licence by Deputy Commissioner of Police
47A.  A driving licence suspended by the Deputy Commissioner of Police under section 45 for a period of one year or any other longer period shall be of no effect and the holder of the licence shall not drive a motor vehicle after the period of suspension unless he passes the prescribed test of competence to drive.
[7/90]
Disqualification or suspension to continue in certain circumstances
47B.  If any person who is disqualified from holding or obtaining a driving licence, or whose driving licence is suspended under the provisions of this Act, drives while he is so disqualified or his licence is under suspension and causes death or serious injury to any other person and is charged for an offence under this Act, the disqualification or suspension shall continue until that offence has been tried and determined by a court.
[7/90]
Immediate suspension of driving licence in certain circumstances
47C.
—(1)  Where any police investigation into the possible commission of any offence referred to in subsection (2) is commenced against any person who, while driving a motor vehicle on a road or in any public place, was involved in any traffic incident resulting in —
(a)
serious injury or death to another person; or
(b)
serious damage to any building or structure,
the Deputy Commissioner of Police may, immediately upon or at any time after the commencement of such police investigation, suspend the driving licence of that person.
(2)  Subsection (1) applies in respect of any of the following offences:
(a)
an offence under section 64, 65A, 66 or 67;
(b)
an offence under section 84(7) arising from a failure to comply with section 84(3);
(d)
an offence under section 279 or 304A of the Penal Code (Cap. 224).
(3)  The suspension of a person’s driving licence under subsection (1) shall, unless it is sooner rescinded by the Deputy Commissioner of Police under subsection (10), remain in force until the offence on account of which the person’s driving licence is so suspended has been tried and determined by a court.
(4)  Where the Deputy Commissioner of Police suspends the driving licence of a person under subsection (1), the Deputy Commissioner of Police shall, as soon as is practicable, give to the person concerned a notice in writing —
(a)
informing the person concerned of the suspension of his driving licence and the date from which the suspension is to take effect; and
(b)
requiring the person concerned to surrender his driving licence to the Deputy Commissioner of Police within such time as may be specified in the notice.
(5)  A person who refuses or fails, without reasonable cause, or excuse to surrender his driving licence to the Deputy Commissioner of Police under subsection (4) shall be guilty of an offence.
[7/90]
(6)  Any person whose driving licence has been suspended under this section shall not during the period of suspension drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
[7/90]
(7)  Any person who drives a motor vehicle on a road when his driving licence is suspended under this section shall be guilty of an offence.
[7/90]
(8)  A person aggrieved by the suspension of his driving licence under subsection (1) may, within 14 days after the receipt of the notice referred to in subsection (4) or such extended period of time as the Minister may allow in any particular case, appeal in writing against the suspension to the Minister whose decision shall be final.
(9)  Notwithstanding that any appeal under subsection (8) is pending, the suspension of a person’s driving licence under subsection (1) shall take effect from the date specified in the notice given to him by the Deputy Commissioner of Police under subsection (4), unless the Minister otherwise orders.
(10)  The Deputy Commissioner of Police may, at any time, rescind the suspension of a person’s driving licence under subsection (1) on account of any offence referred to in subsection (2), but shall, as soon as is practicable, rescind the suspension if —
(a)
the investigation reveals that that person was not involved in the commission of any such offence;
(b)
it is decided that that person shall not be charged with any such offence; or
(c)
the charge against that person in respect of any such offence is withdrawn.
(11)  In this section, “structure” has the same meaning as in section 65A(2).
Definition of serious injury
47D.  In sections 47B and 47C, “serious injury” means any injury which causes a person to be during a period of 7 days in severe bodily pain or unable to follow his ordinary pursuits.
[7/90]
Penalties for offences under sections 47(5) and 47C(7)
47E.  Any person who is guilty of an offence under section 47(5) or 47C(7) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[3/93]
Prohibition order against holders of foreign driving licences
47F.
—(1)  Where any provision of this Act empowers —
(a)
a court to order that a person be disqualified from holding or obtaining a driving licence; or
(b)
the Deputy Commissioner of Police to suspend or revoke a driving licence of any person,
such provision shall, in relation to the holder of a foreign driving licence, be read as empowering the court or the Deputy Commissioner of Police to make an order (referred to in this section as a prohibition order) prohibiting such holder of a foreign driving licence from driving any motor vehicle in Singapore for the same period for which the court or the Deputy Commissioner of Police may, by virtue of that provision, disqualify any person from holding or obtaining a driving licence or suspend or revoke the driving licence of any person, as the case may be.
[1/99]
(2)  Any other provision of this Act which relates or which makes reference to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences, including any provision which provides for the punishment of any offence committed by a person who has been disqualified from holding or obtaining a driving licence or whose driving licence has been suspended or revoked, shall, in relation to the holder of a foreign driving licence, be read as if every reference in that provision to the disqualification of a person from holding or obtaining a driving licence or to the suspension or revocation of the driving licence of any person were a reference to the making of a prohibition order against the holder of a foreign driving licence.
[1/99]
(3)  The Minister may make rules for modifying, in such manner as he may consider necessary, any of the provisions of this Act which relates or refers to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences in order that such provision may appropriately apply in relation to the holder of a foreign driving licence against whom a prohibition order has been made under this section.
[1/99]
(4)  In this section, “holder of a foreign driving licence” means a person who holds a foreign driving licence and who is allowed by section 38(1) to drive a motor vehicle in Singapore using the foreign driving licence, but does not include any member of any visiting force or a civilian component thereof to whom section 38(2) applies.
Rules for purposes of this Part
48.  The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and otherwise for the purpose of carrying this Part into effect and, in particular, may make rules —
(a)
to regulate the granting of driving licences, to prescribe the form of application for and the contents of driving licences, to prescribe the fees to be charged therefor and the manner of payment thereof;
(b)
with respect to the nature of tests of competence to drive, to evidence of the result thereof and generally with respect thereto;
(c)
to require a person submitting himself for a test to provide a motor vehicle for the purpose thereof and to prescribe the fee to be charged for a test;
(d)
to ensure that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a prescribed period except under an order made by a court under the power conferred by section 36(7);
(e)
to prescribe the record to be kept in respect of driving licences;
(f)
to provide special facilities for granting driving licences to persons not resident in Singapore;
(g)
for modifying the provisions of this Part relating to the licensing of drivers of motor vehicles in the case of persons resident abroad and who enter Singapore intending to make only a temporary stay in Singapore;
(h)
to make any particulars with respect to persons, who are disqualified from holding or obtaining driving licences or whose licences are suspended, available for use by the Deputy Commissioner of Police and to prevent a person holding more than one driving licence and to facilitate the identification of holders of driving licences and to provide for the issue of a new licence in the place of a driving licence lost or defaced on payment of such fee as may be prescribed and in connection with driving licences generally; and
(i)
to prescribe the circumstances in which a person may be required to be certified by a medical practitioner as fit to drive a vehicle or to pass any practical driving test before granting or renewing a driving licence.
[7/90]
Exemption
49.  Any person who is a member of the Singapore Armed Forces or the Singapore Civil Defence Force and is in possession of a certificate or document issued to him by the competent authority of the Singapore Armed Forces or the Singapore Civil Defence Force to drive a motor vehicle of a class or description specified in such certificate or document may drive a vehicle of the class or description specified in the certificate or document, such vehicle being in the possession of the Singapore Armed Forces or the Singapore Civil Defence Force, notwithstanding that he has not been granted a driving licence under this Part.
[9/85; 1/99]
PART III
LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS
Definition of driving instructor
50.  In this Part, “driving instructor” means a person who gives instruction in the driving of a motor vehicle for a fee or reward.
Licensing of driving instructors
51.
—(1)  No person shall act as a driving instructor unless he is the holder of a licence (referred to in this Part as an instructor’s licence) granted to him by the Deputy Commissioner of Police authorising him to do so.
(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  The Minister may exempt any body or organisation from subsection (1) subject to such conditions as he may think fit to impose.
Application for instructor’s licence
52.
—(1)  An application for an instructor’s licence shall be made to the Deputy Commissioner of Police and shall be in such form as the Deputy Commissioner of Police may require.
(2)  Upon receiving an application under subsection (1), the Deputy Commissioner of Police shall consider the application and may grant an instructor’s licence, with or without conditions, or refuse to grant such a licence.
(3)  Where an instructor’s licence is subject to conditions, the driving instructor to whom such licence was granted shall comply with the conditions.
(4)  The Deputy Commissioner of Police may at any time vary or revoke any of the existing conditions of an instructor’s licence or impose conditions or additional conditions thereto.
(5)  A driving instructor who fails to comply with any of the conditions of his licence shall be guilty of an offence.
Revocation or suspension of instructor’s licence
53.
—(1)  The Deputy Commissioner of Police may revoke or suspend an instructor’s licence —
(a)
if he is satisfied that the driving instructor —
(i)
has improperly obtained his licence contrary to the provisions of this Part or any rules made thereunder;
(ii)
is no longer a fit and proper person to continue to hold an instructor’s licence by reason of his conduct or physical disability; or
(iii)
is contravening or has contravened any of the provisions of this Part or any rules made thereunder; or
(b)
if he considers it in the public interest to do so.
(2)  The Deputy Commissioner of Police shall, before revoking or suspending an instructor’s licence under subsection (1), give the driving instructor concerned notice in writing of his intention to do so specifying a date, not less than 14 days after the date of the notice, upon which such revocation or suspension shall be made and calling upon the driving instructor to show cause to the Deputy Commissioner of Police why his licence should not be revoked or suspended.
(3)  Where the Deputy Commissioner of Police has revoked or suspended an instructor’s licence under subsection (1), he shall immediately inform the driving instructor concerned by notice in writing of the revocation or suspension.
(4)  A driving instructor may, within 14 days of the receipt of the notice referred to in subsection (3), appeal in writing against the revocation or suspension to the Minister whose decision shall be final.
(5)  An order of revocation or suspension shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the driving instructor concerned of the order.
(6)  If within that period the driving instructor concerned appeals to the Minister, the order shall not take effect until it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
(7)  Where an order of revocation or suspension becomes effective under subsection (5), the driving instructor concerned shall, as from the date when the order becomes effective, cease to give instruction to any person in the driving of a motor vehicle.
(8)  A driving instructor whose licence has been revoked under this section shall immediately surrender it to the Deputy Commissioner of Police.
Licensing of driving school
54.
—(1)  No person shall carry on the business of a driving school unless he is the holder of a licence (referred to in this Part as a driving school licence) granted to him by the Deputy Commissioner of Police authorising him to do so.
(2)  A person carries on the business of a driving school if he engages or employs other persons or agents to give instruction to persons in the driving of a motor vehicle.
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Application for driving school licence
55.
—(1)  An application for a driving school licence shall be made to the Deputy Commissioner of Police and shall be in such form as the Deputy Commissioner of Police may require.
(2)  On receipt of an application, the Deputy Commissioner of Police may require the applicant to furnish him with such additional documents or information as the Deputy Commissioner of Police may require.
(3)  The Deputy Commissioner of Police may grant a driving school licence, with or without conditions, or refuse to grant such a licence.
Cash deposit
56.  The Deputy Commissioner of Police may, before granting a driving school licence, require the applicant to give security in the form of a cash deposit in such amount as may be prescribed to ensure that the provisions of this Part or any rules made thereunder and the conditions of the licence shall be observed.
Revocation of driving school licence and forfeiture of deposit
57.  The Deputy Commissioner of Police may revoke a driving school licence and forfeit the whole or such part of the money deposited with him under section 56 if he is satisfied that the owner of the driving school —
(a)
has carried on the driving school in an improper or unsatisfactory manner;
(b)
has failed to comply with any of the conditions upon which the driving school licence was granted; or
(c)
has been convicted of an offence under this Act.
Notice to owner of driving school
58.
—(1)  The Deputy Commissioner of Police shall, before revoking a driving school licence and forfeiting any deposit under section 57, give the owner of the driving school concerned notice in writing of his intention to do so —
(a)
specifying a date, not less than 14 days after the date of the notice, upon which such revocation and forfeiture shall be made; and
(b)
calling upon him to show cause to the Deputy Commissioner of Police why his licence should not be revoked and why his deposit should not be forfeited.
(2)  The Deputy Commissioner of Police, on receiving any representation from the owner of the driving school, may instead of revoking his licence and forfeiting any deposit under section 57 impose on him a penalty not exceeding $500 and may recover the penalty from the cash deposit given by him to the Deputy Commissioner of Police.
(3)  Any person aggrieved by the decision made by the Deputy Commissioner of Police under section 57 may, within 14 days of the written notification to him of the decision of the Deputy Commissioner of Police, appeal in writing to the Minister whose decision shall be final.
Refusal to grant or renew licence
59.  The Deputy Commissioner of Police may, in his discretion, refuse to grant or renew any licence granted under this Part without assigning any reason.
Appeal to Minister
60.  Any person aggrieved by the refusal of the Deputy Commissioner of Police to grant or renew any licence granted under this Part may, within 14 days of the written notification to him of the refusal, appeal in writing to the Minister whose decision shall be final.
Rules for purposes of this Part
61.  The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and otherwise for the purpose of carrying this Part into effect, and, in particular, may make rules —
(a)
regulating the granting of any licence under this Part and prescribing the form of application for and the contents of such licence;
(b)
requiring persons desiring to be driving instructors to attend and pass courses on driving instruction and such other tests and examinations as may be prescribed;
(c)
prescribing the kind of motor vehicles which may be used for driving instruction and driving tests and the conditions that must be complied with before such vehicles may be so used;
(d)
regulating the conduct of driving instructors when giving driving instruction;
(e)
regulating the activities of driving schools and prescribing the manner in which driving schools shall conduct their business;
(f)
prescribing the maximum age of a driving instructor beyond which his instructor’s licence may not be renewed;
(g)
prescribing the form of records to be kept by driving instructors and driving schools and the particulars to be entered therein;
(h)
prescribing the conditions for a licence and the forms to be issued under this Part;
(i)
prescribing the duration of any licence granted under this Part;
(j)
prescribing the deposits payable by owners of driving schools;
(k)
exempting any person or class of persons from the provisions of this Part; and
(l)
prescribing fees for the purposes of this Part.
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