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Contents  

Long Title

Part I REGISTRATION AND LICENSING OF VEHICLES

Part IA ROAD-USER CHARGES

Part II LICENSING OF DRIVERS

Part III LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS

Part IV GENERAL PROVISIONS RELATING TO ROAD TRAFFIC

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

Division 2 — Accidents

Division 3 — Miscellaneous

Part V PUBLIC SERVICE VEHICLES

Part VA LICENSING OF TAXI SERVICE OPERATORS

Part VB LICENSING OF BUS INTERCHANGE AND BUS DEPOT OPERATORS

Part VI PROVISIONS AS TO USE OF HIGHWAYS

Part VII MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Specified Acts

SECOND SCHEDULE Classification and Descriptions of Public Service Vehicles

THIRD SCHEDULE Specified offences

Legislative History

Comparative Table

 
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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;
“replacement vehicle” means a vehicle to which a permit issued under section 10A for another vehicle has been transferred pursuant to rules made under section 10A(4)(ha);
“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;
(c)
any bridge over which a road passes; and
(d)
any road, to which the public does not have access, which the Minister charged with the responsibility for transport prescribes, by notification in the Gazette, to be a road to which this Act applies;
“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) 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]
(7A)  Where in any proceedings relating to an offence under subsection (6), it is proved to the satisfaction of the court that a vehicle or trailer is used or caused or permitted to be used in contravention of this section, the court may, upon the application of the Public Prosecutor, make an order for the vehicle or trailer to be detained for a period not exceeding 3 months (referred to in this section as the detention period) by the Registrar or an authorised officer.
(7B)  Any vehicle or trailer detained pursuant to subsection (7A) shall be kept at such place of safety as may be determined by the Registrar or an authorised officer.
(7C)  The Registrar or an authorised officer shall not be liable for —
(a)
any damage to or loss of a vehicle or trailer during the period when the vehicle or trailer is in the possession of the Registrar or the authorised officer which is not wilfully or negligently caused by the Registrar or the authorised officer in the exercise of his powers under this section; or
(b)
any depreciation in the value of the vehicle or trailer because of the detention of the vehicle or trailer.
(7D)  At the end of the detention period of any vehicle or trailer, the Registrar or an authorised officer shall, as soon as is reasonably practicable, notify the person in whose name the vehicle or trailer is registered that the vehicle or trailer is released from detention and of the procedure by which the person may secure the release of the vehicle or trailer.
(7E)  If the vehicle or trailer is not claimed by the person notified under subsection (7D), or another person authorised in writing by that person, within 3 calendar days after the date of its release as stated in the notice in subsection (7D), the person notified under that subsection shall be liable for all charges reasonably incurred by the Registrar or an authorised officer in storing the vehicle or trailer in the place of safety thereafter.
(7F)  Any person who, without lawful authority, removes or causes to be removed any vehicle or trailer from the place of safety at which it is detained during its detention period shall be guilty of an offence.
(7G)  If any vehicle or trailer detained pursuant to subsection (7A) is not claimed by or on behalf of the person notified under subsection (7D), the Registrar or an authorised officer may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle or trailer by public auction or otherwise dispose of the vehicle or trailer in such manner as he thinks fit.
(7H)  The proceeds, if any, from the sale or disposal of any such vehicle or trailer under subsection (7G) shall be applied —
(a)
firstly, in payment of any licence fee which may be due in respect of the vehicle or trailer;
(b)
secondly, in payment of expenses occasioned by the sale or disposal and any charges reasonably incurred in storing, detaining or otherwise carrying out the provisions of this section; and
(c)
thirdly, any damage caused to any property of the Government by the unlawful use of the vehicle or trailer,
and the surplus, if any, shall be paid to the person in whose name the vehicle or trailer was registered at the time of its sale or disposal or, if not claimed by such person within 12 months after the date of the sale or disposal, shall be forfeited to the Government.
(7I)  The Registrar or an authorised officer may reject any transfer of ownership or cancellation of registration of a vehicle or trailer if the Registrar or the authorised officer has reason to believe that any person is guilty of an offence under subsection (6).
(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.
(9)  In this section, “authorised officer” means any employee of the Authority who is duly authorised by the Registrar in writing to act under this section.
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]
(3)  The Authority may by such rules confer on the Registrar or an authorised officer a discretion to waive, in any particular case, the operation of any rules made under this section subject to such conditions as the Registrar or the authorised officer may impose.
(4)  In this section, “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 any rules made under this section.
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 or transferred 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 or transferred under this section;
(f)
provide for a rebate on all or any part of the levy payable for the issue or transfer 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 or transferred under this section and the refund of all or part of the levy paid for the issue or transfer of the permit in such circumstances as may be permitted by the rules;
(h)
provide for the transfer of permits under this section at any time prior to the registration of a vehicle authorised by the permit;
(ha)
provide for the transfer of permits under this section to facilitate the replacement of defective vehicles;
(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 or transferred 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.
(7A)  In respect of a replacement vehicle —
(a)
the tax chargeable under subsection (1)(a) shall apply as if the replacement vehicle had been first registered under this Act on the same date as the defective vehicle which it replaced; and
(b)
the tax chargeable under subsection (1)(b) shall apply as if the replacement vehicle had been used or kept on any road in Singapore since that same date.
(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]
Carbon emissions tax
11AA.
—(1)  In addition to the taxes under section 11, a tax (referred to in this Act as the carbon emissions tax) shall be charged in respect of the first registration, on or after 1st July 2013, of any vehicle which has a carbon emission level exceeding the maximum limit of the neutral carbon emission band and which is of a prescribed description or within a prescribed class (referred to in this section to be a taxable vehicle).
(2)  The carbon emissions tax under subsection (1) —
(a)
shall be paid upon the first registration of a taxable vehicle by the person keeping the taxable vehicle; and
(b)
shall be the amount prescribed for that taxable vehicle.
(3)  Where a person who is registered as the owner of a vehicle (referred to in this section as the replaced vehicle) replaces that vehicle with another vehicle (referred to in this section as the replacement vehicle) which is a taxable vehicle, and the replacement vehicle has a carbon emission level exceeding that of the replaced vehicle, the person shall pay a tax which is the difference between —
(a)
the amount of the carbon emissions tax chargeable in respect of the replaced vehicle, if any; and
(b)
the amount of the carbon emissions tax chargeable in respect of the replacement vehicle as if the replacement vehicle had been first registered under this Act on the same date as the replaced vehicle.
(4)  The difference in tax referred to in subsection (3) shall be payable to the Registrar without demand within the prescribed time from the date the Registrar registers the particulars of the replacement vehicle.
(5)  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 under section 11(1)(a) for vehicles of any class, category or description or vehicles used for different purposes which are registered on or after 1st January 2013 and have carbon emission levels falling below the minimum limit of the neutral carbon emission band; and
(b)
different amounts 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 which have carbon emission levels falling within any carbon emission band.
(6)  The Minister may make rules for carrying out or giving effect to this section and for prescribing anything which may be prescribed under this section and, in particular, the rules may —
(a)
prescribe a carbon emission band to be the neutral carbon emission band;
(b)
prescribe different amount of carbon emissions tax chargeable for vehicles of different classes, categories or descriptions or vehicles used for different purposes which have carbon emission levels exceeding the maximum limit of the neutral carbon emission band so prescribed;
(c)
provide for the method for determining the carbon emission level of any vehicle; and
(d)
for the purposes of charging any tax or granting any rebate under this section, prescribe carbon emission bands for vehicles of different classes, categories or descriptions or vehicles used for different purposes.
(7)  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.
(8)  Any person who gives any incorrect information in relation to any matter affecting the amount of carbon emissions tax chargeable or any rebate that may be granted 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 carbon emissions tax, or the tax payable under section 11(1)(a), which has been undercharged.
(9)  The Registrar may, in his discretion, compound any offence punishable under subsection (8) by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000 and the amount of the carbon emissions tax, or the tax payable under section 11(1)(a), which has been undercharged, and may before judgment stay or compound any proceedings thereunder.
(10)  In this section, “carbon emission band” means a range of maximum and minimum carbon emission levels prescribed for any class, category or description of vehicle or vehicle used for any purpose.
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 and provisions as to the transfer of licences to replacement vehicles, 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)  Except as otherwise prescribed, 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;
(iii)
has become wholly unfit for further use; or
(iv)
has been lost through theft or criminal breach of trust and the prescribed period after such loss has lapsed;
(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, subject to such conditions as it may determine, assign to any person who files or submits to the Registrar such application or other document under this Part or the rules made thereunder as may be prescribed —
(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;
(r)
to regulate the registration, licensing, keeping and use of heavy vehicles; and
(s)
to regulate the registration and licensing of a replacement vehicle, and to deem the date of registration of the replacement vehicle to be the same as that of the vehicle which it replaced for any of the purposes of this Act.
(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
(b)
any public service vehicle which is classified as a type of bus under the Second Schedule,
causes the heavy motor vehicle or public service vehicle to collide with any building or structure shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
[11/96; 28/2001]
(1A)  The Minister may, by notification in the Gazette, prescribe particulars of any structure including its location and maximum headroom measurement.
(2)  In this section, “structure” includes any bus shelter, gantry post, overhead bridge and pillar.
[11/96]
Use of mobile telephone while driving
65B.
—(1)  Any person who, being the driver of a motor vehicle on a road or in a public place, uses a mobile telephone while the motor vehicle is in motion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both, and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[1/99]
(2)  In this section —
“mobile telephone” includes any hand held equipment which is designed or capable of being used for telecommunication;
“use”, in relation to a mobile telephone, means to hold it in one hand while using it to communicate with any person.
[1/99]
Causing death by reckless or dangerous driving
66.
—(1)  Any person who causes the death of another person by the driving of a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
(2)  [Deleted by Act 15/2010]
(3)  If upon the trial of a person for an offence under this section the court is not satisfied that his driving was the cause of the death, but is satisfied that he is guilty of driving as specified in subsection (1), it shall be lawful for the court to convict him of an offence under section 64, whether or not the requirements of section 82 have been satisfied as respects that offence.
Driving while under influence of drink or drugs
67.
—(1)  Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a)
is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such vehicle; or
(b)
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
[11/96]
(2)  A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment, from the date of his release from prison.
[7/90]
(3)  Any police officer may arrest without warrant any person committing an offence under this section.
[7/90]
Enhanced penalties for offenders with previous convictions under certain sections
67A.
—(1)  Where a person having been convicted on at least 2 previous occasions of any one or more of the offences under sections 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1), 67(1) and 70(4) is again convicted of an offence under section 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1), 67(1) or 70(4), the court shall have the power to impose a punishment in excess of that prescribed for such conviction as follows:
(a)
where the court is satisfied, by reason of his previous convictions or his antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish such offender with punishment not exceeding 3 times the amount of punishment to which he would otherwise have been liable for such a conviction except that where imprisonment is imposed it shall not exceed 10 years; and
(b)
notwithstanding sections 303 and 309 of the Criminal Procedure Code 2010, if —
(i)
such offender, while committing the offence under section 43(4), 47(5), 47C(7), 63(4), 64(1), 66(1) or 67(1) causes any serious injury or death to another person; or
(ii)
in the case of an offender under section 70(4), such offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to his arrest under section 69(5), caused any serious injury or death to another person,
the court may also punish him, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not more than 6 strokes.
[11/96; 1/99]
(2)  This section shall not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing such offence and the offence in respect of which he had been previously convicted, he had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.
[11/96]
(3)  In subsection (1), “serious injury” has the same meaning as in section 47D.
(4)  Notwithstanding any provision to the contrary in the Criminal Procedure Code, a District Court or Magistrate’s Court may award the full punishment prescribed by this section.
Being in charge of motor vehicle when under influence of drink or drugs
68.
—(1)  Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a)
is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b)
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
[11/96]
(2)  For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a)
that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b)
that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
[11/96]
(3)  On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
[7/90]
(4)  Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he shall be treated for the purpose of this section as having been previously convicted under this section.
[7/90]
(5)  Any police officer may arrest without warrant any person committing an offence under this section.
[7/90]
Breath tests
69.
—(1)  Where a police officer has reasonable cause to suspect that —
(a)
a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion;
(b)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that he still has alcohol in his body;
(c)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or
(d)
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —
(i)
between that motor vehicle and one or more other motor vehicles; or
(ii)
causing any injury or death to another person,
the police officer may, subject to section 71, require that person to provide a specimen of his breath for a breath test.
[11/96]
(2)  A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement is made or, if the requirement is made under subsection (1)(d) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
[11/96]
(3)  A breath test required under subsection (1) shall be conducted by a police officer.
[11/96]
(4)  A person who fails, without reasonable excuse, to provide a specimen of his breath when required to do so in pursuance of this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
[11/96]
(5)  A police officer may arrest a person without warrant if —
(a)
as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;
(b)
that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or
(c)
he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.
(6)  A person shall not be arrested by virtue of subsection (5) when he is at a hospital as a patient.
[11/96]
Provision of specimen for analysis
70.
—(1)  In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require him —
(a)
to provide a specimen of his breath for analysis by means of a prescribed breath alcohol analyser; or
(b)
to provide at a hospital a specimen of his blood for a laboratory test,
notwithstanding that he has been required to provide a specimen of his breath for a breath test under section 69(1).
[11/96]
(2)  A breath test under this section shall be conducted by a police officer and may be conducted either at or near the place where the arrest is made, or at a police station.
(3)  A requirement under this section to provide a specimen of blood —
(a)
shall not be made unless —
(i)
the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(ii)
at the time the requirement is made, the prescribed breath alcohol analyser is not available at the police station or it is for any other reason not practicable to use the breath alcohol analyser; or
(iii)
the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance; and
(b)
may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.
[11/96]
(4)  A person who fails, without reasonable excuse, to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and if it is shown that at the time of any accident referred to in section 69(1)(d) or of his arrest under section 69(5) —
(a)
he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or
(b)
he was in charge of a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 68.
[11/96]
(5)  A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.
[11/96]
Protection of hospital patients
71.
—(1)  A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.
[11/96]
(2)  The medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.
[11/96]
Evidence in proceedings for offences under sections 67 and 68
71A.
—(1)  In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of breath or blood (as the case may be) provided by the accused shall be taken into account and, subject to subsection (2), it shall be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than in the specimen.
[11/96]
(2)  Where the proceedings are for an offence under section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he was under the influence of drink, or for an offence under section 67(1)(b) or 68(1)(b), the assumption referred to in subsection (1) shall not be made if the accused proves —
(a)
that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he provided the specimen; and
(b)
that had he not done so the proportion of alcohol in his breath or blood —
(i)
would not have been such as to make him unfit to drive a motor vehicle in the case of proceedings for an offence under section 67(1)(a) or 68(1)(a); or
(ii)
would not have exceeded the prescribed limit in the case of proceedings for an offence under section 67(1)(b) or 68(1)(b).
[11/96]
(3)  Subject to subsection (5) —
(a)
evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by a prescribed breath alcohol analyser and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement; and
(b)
evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in a specimen of blood identified in the certificate.
[11/96]
(4)  A specimen of blood shall be disregarded unless it was taken from the accused with his consent by a medical practitioner; but evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner.
[11/96]
(5)  A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (3) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has been handed to the accused when the document was produced or has been served on him not later than 7 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing.
[11/96]
(6)  A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than 3 days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.
[11/96]
(7)  A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.
[11/96]
Deputy Commissioner of Police may require medical practitioner to send blood specimen for laboratory test
71B.
—(1)  Notwithstanding anything in section 69 or 71A, where a person —
(a)
was the driver of or attempted to drive or was in charge of a motor vehicle on a road or other public place when an accident occurred —
(i)
between that motor vehicle and one or more other motor vehicles; or
(ii)
causing any injury or death to another person; and
(b)
as a result of any injury sustained by him in the accident or any other cause is unable to provide a specimen of his breath under section 69 or to give his consent to a specimen of blood being taken from him for analysis,
any medical practitioner treating such person for his injury shall, if so directed by the Deputy Commissioner of Police, cause any specimen of blood taken by the medical practitioner from such person in connection with his treatment to be sent for a laboratory test to determine the proportion of alcohol or of any drug or intoxicating substance in the specimen.
[11/96]
(2)  In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed in pursuance of this section shall be taken into account.
[11/96]
(3)  Evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed under this section may, subject to subsection (4), be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in the specimen of blood identified in the certificate.
[11/96]
(4)  The provisions of section 71A(5), (6) and (7) shall apply, with the necessary modifications, to a certificate referred to in subsection (3) as they apply to a document or certificate referred to in section 71A(3).
[11/96]
Interpretation of sections 67 to 71B
72.
—(1)  In sections 67 to 71B —
“authorised analyst” means any medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;
“breath test” means a test for the purpose of obtaining, by means of a breath alcohol analyser or any other device prescribed by the Minister, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
“fail” includes refuse;
“intoxicating substance” has the same meaning as in the Intoxicating Substances Act (Cap. 146A);
“police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station;
“prescribed limit” means —
(a)
35 microgrammes of alcohol in 100 millilitres of breath; or
(b)
80 milligrammes of alcohol in 100 millilitres of blood.
[11/96; 1/99]
(2)  A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
[11/96]
(3)  Subject to section 71B, a person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.
[71C
[11/96]
Pillion riding
73.
—(1)  It shall not be lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.
(2)  If any person is carried on any such motor cycle in contravention of this section, the driver of the motor cycle shall be guilty of an offence.
Drivers and pillion riders of motor cycles to wear protective helmets
74.
—(1)  Every person who drives or is carried on a motor cycle shall wear securely on his head a protective helmet of a type approved by the Minister.
(2)  No person shall import, sell or offer for sale or have in his possession for sale any protective helmet which is not of a type approved by the Minister.
[7/90]
(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.
(4)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
Wearing of seat belts
75.
—(1)  The Minister may make rules requiring, subject to such exceptions as may be prescribed, persons driving or riding in motor vehicles to wear seat belts of such description as may be prescribed.
(2)  Rules under this section —
(a)
may make different provisions in relation to different classes of vehicles, different descriptions of persons and different circumstances; and
(b)
may make any prescribed exceptions subject to such conditions as may be prescribed.
Sale of seat belts
76.
—(1)  No person shall sell or offer for sale or have in his possession for sale any seat belt which is not of a type approved by the Minister.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence.
Requirements as to employment of drivers and attendants
77.
—(1)  In the case of a heavy locomotive or a light locomotive, 2 persons shall be employed in driving or attending the locomotive whilst being driven on any road.
(2)  Where any locomotive referred to in subsection (1) is drawing a trailer or trailers on a road one or more persons in addition to the persons employed as provided under that subsection shall be employed for the purpose of attending to the trailer or trailers at the rate of one such additional person for each trailer.
(3)  Subsection (2) shall not apply to a road roller.
(4)  Where a motor vehicle, other than a heavy locomotive or a light locomotive, is drawing a trailer on a road, one person in addition to the driver of the vehicle shall be carried on the trailer for the purpose of attending to such trailer.
(5)  If any person causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section, he shall be guilty of an offence.
(6)  The Authority may by rules prescribe the number of attendants who shall be and other persons who may be carried on goods vehicles and regulate the positions on the vehicle which they may occupy and the duties of those attendants.
[28/95]
(7)  The Authority may by rules vary the requirements of this section in respect of any class or description of motor vehicles or any class or description of trailers.
[28/95]
(8)  In this section, “trailer” shall not include —
(a)
any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load;
(b)
any road sweeping or road construction vehicles; or
(c)
any trailer or class of trailers exempted from the operation of this section by the Minister.
Restriction on number of trailers drawn
78.
—(1)  The number of trailers, if any, which may be drawn by a motor vehicle, other than a heavy locomotive or a light locomotive, on a road shall not exceed one.
(2)  For the purposes of this section, “trailer” shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load.
(3)  If any person causes or permits a trailer to be drawn in contravention of this section, he shall be guilty of an offence.
Offence for driving heavy motor vehicle without police escort
79.
—(1)  Any person who drives or causes to be driven on any road a heavy motor vehicle the overall height of which exceeds 4.5 metres without being escorted by a police officer, or an auxiliary police officer appointed in accordance with any written law, shall be guilty of an offence.
(2)  A person guilty of an offence under subsection (1) shall be liable on conviction —
(a)
for a first offence, to imprisonment for a term of not less than one year and not more than 3 years and, in addition, to a fine not exceeding $2,000; and
(b)
for a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 5 years and, in addition, to a fine not exceeding $5,000.
(3)  [Deleted by Act 4/2006 wef 27/02/2006]
(4)  A person convicted of an offence under subsection (1) shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification —
(a)
in the case of a first offence, be disqualified from holding or obtaining a driving licence for a period of not less than one year; and
(b)
in the case of a second or subsequent offence, be disqualified from holding or obtaining a driving licence for a period of not less than 2 years.
(5)  Any disqualification imposed against any person under subsection (4) shall take effect from the date he is released from prison.
(6)  In this section —
“heavy motor vehicle” means —
(a)
a goods vehicle the weight of which unladen exceeds 2,500 kilogrammes;
(b)
a motor vehicle which is —
(i)
an engineering plant or a mobile crane or is designed and constructed for engineering operations; or
(ii)
drawing a trailer carrying a container or other load;
“overall height”, in relation to a heavy motor vehicle, means the distance between the surface on which the vehicle rests and the highest point of the vehicle, and where it is carrying a load the highest point of its load.
[9/85]
80.  [Repealed by Act 4/2006 wef 27/02/2006]
Duty to give information
81.
—(1)  Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, the owner of the motor vehicle shall give such information as he may be required by a police officer or an employee of the Authority to give as to —
(a)
the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and
(b)
the driving licence held by that person,
and, if he fails to do so within 7 days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required.
(1A)  For the purposes of subsection (1), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, such owner shall not be deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under that subsection unless such owner also proves to the satisfaction of the court that —
(a)
it had kept a proper and accurate record as required under subsection (8); but
(b)
the record reveals that no person had been permitted by such owner to drive the motor vehicle at or about the time of the alleged offence.
(2)  Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, any other person who was or should have been in charge of the motor vehicle shall, if required by a police officer or an employee of the Authority, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within 7 days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence.
[5/98]
(3)  Any person who wilfully or recklessly furnishes any false or misleading information under subsection (1) or (2) shall be guilty of an offence.
(4)  A police officer or an employee of the Authority may require any information to be furnished under subsection (1) or (2) to be in writing signed by the person required to furnish such information.
[5/98]
(5)  Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or any offence in connection with the driving of a motor vehicle may be used as evidence without proof of signature at the hearing of the charge.
(6)  Notwithstanding any other written law to the contrary, any statement made by any person to any police officer or an employee of the Authority —
(a)
that a motor vehicle was on a particular occasion being driven by or belonged to that person; or
(b)
that it belonged to a firm in which that person also stated that he was a partner or to a corporation of which that person stated that he was a director, officer or employee,
shall be admissible in evidence without proof of signature for the purpose of determining by whom the motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.
[5/98]
(7)  Any person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(8)  Where the owner of a vehicle is a company, a partnership or an unincorporated body, it shall be the duty of such owner to keep a proper and accurate record of each occasion on which it permits any person to drive the motor vehicle, whether or not such person is a director, member, partner, officer, employee or agent of such owner or otherwise, and whether or not such person is permitted to drive the motor vehicle in the course of his employment with such owner or otherwise.
(9)  The record required to be kept under subsection (8) —
(a)
shall contain —
(i)
the registration number of the motor vehicle;
(ii)
the name, address, driving licence number (whether local or foreign) and identity card or passport number of the person permitted by the owner of the motor vehicle to drive the motor vehicle; and
(iii)
the date and time, or the period, during which the motor vehicle is allocated to such person for him to drive it; and
(b)
shall be retained by the owner of the motor vehicle for a period of at least 6 months beginning with the date, or with the date of the commencement of the period, referred to in paragraph (a)(iii).
Restrictions on prosecutions under certain sections
82.
—(1)  Where a person is prosecuted for an offence under section 64 or 65 or under any of the provisions of this Part relating to the maximum speed at which motor vehicles may be driven, he shall not be convicted unless either —
(a)
he was warned at the time the offence was committed that the question of prosecuting him for an offence under any such provision as aforesaid would be taken into consideration;
(b)
within 30 days of the commission of the offence a summons for the offence was served on him; or
(c)
within the said 30 days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence.
(2)  Failure to comply with the requirement of subsection (1) shall not be a bar to the conviction of the accused in any case in which the court is satisfied that —
(a)
neither the name and address of the accused nor the name and address of the registered owner of the motor vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or
(b)
the accused by his own conduct contributed to the failure.
(3)  The requirement of this section shall in every case be deemed to have been complied with unless the contrary is proved.
(4)  This section shall not apply in any case in which the person prosecuted was, in connection with the incident in respect of which a charge against that person is preferred, arrested either on the day on which the incident occurred or within 30 days of that date.
Liability of owner of vehicle for specified offence
83.
—(1)  When a specified offence is committed, the person who, at the time of the occurrence of the specified offence, is the owner of the motor vehicle in respect of which the specified offence is committed shall, by virtue of this section, be guilty of the specified offence in all respects as if he were the actual offender guilty of the specified offence, unless —
(a)
in any case where that offence is dealt with under section 132 or 133, the owner satisfies the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or
(b)
in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2)  Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to a specified offence no further penalty shall be imposed on or recovered from any other person in relation thereto.
[5/98]
(3)  Notwithstanding subsection (1), no owner of a motor vehicle shall by virtue of this section be guilty of a specified offence if —
(a)
in any case where the offence is dealt with under section 132 or 133, he —
(i)
within 7 days after service on him of a notice under section 132 or 133 alleging that he has been guilty of such offence, furnishes by statutory declaration to the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or
(ii)
satisfies the police officer or employee of the Authority that he did not know and could not with reasonable diligence have ascertained such name and address; and
(b)
in any other case he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[5/98]
(4)  A statutory declaration made under subsection (3) if produced in any proceedings against the person named therein and in respect of the offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to that offence.
[5/98]
(5)  A statutory declaration which relates to more than one specified offence shall not be regarded as a statutory declaration under or for the purposes of subsection (3).
[5/98]
(6)  In this section —
“owner”, in relation to a motor vehicle, includes —
(a)
every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28, the person to whom the general licence is issued;
“specified offence” means any offence set out in the Third Schedule.
Division 2 — Accidents
Duty to stop in case of accident
84.
—(1)  If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the motor vehicle.
(2)  If in the case of any such accident as aforesaid the driver of the motor vehicle for any reason does not give his name and address to any such person as aforesaid, he shall report the accident at a police station or to a police officer as soon as reasonably practicable and, in any case, within 24 hours of the occurrence thereof.
(3)  If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby any person is killed or any damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall render such assistance as may be reasonably required by any police officer or in the absence of any police officer such assistance as it may reasonably be in the power of the driver to render.
[11/96]
(4)  When owing to the presence of a motor vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or structure, no person shall, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident except that —
(a)
a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and
(b)
goods or passengers baggage may be removed from a vehicle under the supervision of a police officer.
(5)  Subsection (4) shall not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand.
(6)  In this section, “animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog.
(7)  If any person fails to comply with any of the provisions of this section, he shall be guilty of an offence.
(8)  Any person who is guilty of an offence under subsection (7) arising from his failure to comply with subsection (3) shall, if he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in that subsection caused any serious injury or death to another person, be liable on conviction —
(a)
to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months; and
(b)
in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years.
[11/96; 21/2002]
(9)  Where a person is convicted of an offence under subsection (7) arising from his failure to comply with subsection (3), the court convicting him shall —
(a)
if satisfied that he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in subsection (3) caused any serious injury or death to another person; and
(b)
unless the court for special reasons thinks fit to order otherwise,
make an order disqualifying him from holding or obtaining a driving licence —
(i)
for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment, from the date of his release from prison; or
(ii)
for such longer period as the court thinks fit.
[21/2002]
(10)  Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —
(a)
an offence involving the use of the motor vehicle by him whereby any serious injury or death is caused to another person; and
(b)
an offence under subsection (7) arising from his failure to comply with subsection (3),
the court before which he is convicted shall order that the sentences for those offences shall run consecutively.
[11/96; 21/2002]
(11)  Any police officer may arrest without warrant any person who is reasonably suspected of having failed to comply with subsection (3).
[21/2002]
Inquiry into accident
85.
—(1)  The Deputy Commissioner of Police may by notice in writing require the person alleged to have been driving or in charge of any vehicle at the time of the occurrence of any accident in which the vehicle was concerned or the commission of any offence connected with the driving of the vehicle to attend before him at such time and place as may be stated in the notice for the purpose of inquiry into the accident.
(2)  Such person shall attend and shall answer truly all questions relating to such occurrence or offence put to him by such officer except that the person may decline to answer any question the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3)  No such answer shall in any case be used in evidence in any proceedings, civil or criminal, except proceedings against such person on a charge of an offence under subsection (5).
(4)  Such person shall, if so required by the Deputy Commissioner of Police, produce his driving licence.
(5)  Any person who fails, without reasonable cause, to comply with any of the requirements of this section shall be guilty of an offence.
Division 3 — Miscellaneous
Power of Authority to authorise carriage of greater weights on specified roads
86.
—(1)  The Authority may, subject to such conditions as it may think fit, grant a permit in respect of any trailer specified in the permit drawn by a heavy locomotive or a light locomotive on any road or bridge to carry weights specified in the permit notwithstanding that when conveying such weights the trailer does not comply with any rules as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part thereof by trailers.
[28/95]
(2)  Where such a permit is given, it shall not, so long as the conditions, if any, attached to the permit are complied with, be an offence in the case of any such trailer to carry on that road or bridge weights authorised by the permit by reason only that the trailer when conveying them does not comply with such rules as aforesaid.
Power to order production of vehicle and licence
87.
—(1)  The Deputy Commissioner of Police or the Registrar may by notice in writing require the owner of any licensed vehicle to produce either or both the vehicle or the licence relating thereto for an inspection at such time and place and by such person as may be specified in the notice.
[1/2003]
(2)  Such notice may be served upon the owner personally or may be sent to him by registered post to the address contained in the register of vehicles kept under this Act.
(3)  If any owner required under this section to produce any vehicle or licence fails to do so, he shall be guilty of an offence unless he proves that owing to a mechanical breakdown or other sufficient reason (the proof whereof shall lie on the owner), the vehicle or licence cannot be produced as required.
Fee for inspection of vehicle
88.
—(1)  A fee may be levied for the inspection of a vehicle under section 87.
(2)  An additional fee may be levied for any further inspection of the vehicle where the vehicle is found, after a previous inspection, not to comply with any prescribed requirement relating to its construction or condition, or to any identification mark or sign carried by or fixed on it or the seal of such mark or sign, or to any marking on it.
(3)  Any fee payable under subsection (1) or (2) shall be paid by the owner of the vehicle in respect of which it is levied.
(4)  This section shall apply to such vehicles as may be prescribed.
Rules prescribing fees
89.  The Authority may make rules prescribing the fees that may be levied under section 88.
[28/95]
Test of satisfactory condition of vehicle
90.
—(1)  The Authority may make rules for the examination of any motor vehicle and for the issue, where the vehicle is found on such examination to comply with the prescribed requirements relating to its construction and condition, to the identification marks and signs carried by or fixed on it and the seals of such marks and signs, and to the markings on it, of a certificate (referred to in this Act as a test certificate) that at the date of the examination those requirements were complied with.
[28/95]
(2)  An examination for the purposes of this section shall be carried out by a person authorised by the Registrar (referred to in this section as an authorised examiner).
(3)  Where a test certificate is refused, the authorised examiner shall specify the grounds of the refusal, and a person aggrieved by the refusal may appeal to the Registrar, and on such appeal the Registrar shall cause a further examination to be made and may issue or refuse to issue a test certificate.
(4)  The Authority may make rules for the purpose of giving effect to this section and, in particular, as to —
(a)
the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of any such authorisation;
(b)
the manner in which, the conditions under which and the apparatus with which an examination of a motor vehicle is to be carried out, and the maintenance of that apparatus in an efficient state;
(c)
the inspection of premises at which and the apparatus with which an examination of a motor vehicle is being, or is to be, carried out;
(d)
the fee to be paid for the examination of a motor vehicle;
(e)
the additional fee to be paid for any further examination of a motor vehicle where the vehicle is found, after a previous examination, not to comply with any prescribed requirement referred to in subsection (1);
(f)
the manner in which an application may be made for the examination of a motor vehicle;
(g)
the manner in which and time within which an appeal may be brought under subsection (3);
(h)
the fee to be paid on an appeal under subsection (3) and the repayment of the fee or part thereof where it appears to the Registrar that there were substantial grounds for the appeal;
(i)
the form of, and particulars to be contained in, a test certificate;
(j)
the issue of a copy of a test certificate that is lost or defaced and the fee payable therefor;
(k)
the keeping by an authorised examiner of a register of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such register by such person and in such circumstances as may be prescribed;
(l)
the keeping of records by an authorised examiner and the furnishing of returns and information to the Registrar by the authorised examiner ; and
(m)
the submission to the Authority of documents specified by the Authority in support of any matter examined.
[28/95]
(5)  Rules made under this section may make different provisions in respect of different vehicles or classes of vehicles.
Vehicle without test certificate cannot be used
91.
—(1)  A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle in respect of which there is no test certificate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.
(2)  This section shall apply to such motor vehicles with effect from such dates as may be prescribed.
Power to inspect premises
92.
—(1)  Any police officer may, for the purpose of examining any vehicle in respect of which he has reason to believe that an offence under this Act has been committed, enter at any time any place in which he suspects that such vehicle is kept.
(2)  Any police officer in conducting an investigation into any seizable offence in connection with which a vehicle is suspected to be concerned may enter any place to search for and examine such vehicle.
(3)  If any person obstructs any police officer in the exercise of his powers and duty under this section, that person shall be guilty of an offence.
Power to examine vehicles
93.
—(1)  Any police officer in uniform may, for the purpose of ensuring that any vehicle or trailer that is being used on a road complies with this Act, at any time —
(a)
examine the vehicle or trailer or the licence relating thereto; or
(b)
order the owner or driver of the vehicle or trailer to deliver the same for an inspection by such person and at such time and place as the police officer may specify.
[1/2003]
(2)  Any person who obstructs a police officer in the exercise of his powers under subsection (1)(a) or fails to comply with any order given by the police officer under subsection (1)(b) shall be guilty of an offence.
[1/2003]
Weighing of vehicles
94.
—(1)  Subject to the provisions of this Act, it shall be lawful for any police officer authorised in writing in that behalf by the Deputy Commissioner of Police to require the person in charge of any motor vehicle —
(a)
to allow the motor vehicle or any trailer drawn thereby to be weighed laden or unladen and the weight transmitted to the road by any part of the motor vehicle or trailer laden or unladen in contact with the road to be tested; and
(b)
for the purpose of paragraph (a) to immediately proceed to a weighbridge or other machine for weighing vehicles.
(2)  If any person in charge of a motor vehicle refuses or neglects to comply with any requirement under subsection (1), he shall be guilty of an offence.
(3)  Subject to the provisions of this Act, it shall be lawful for any police officer so authorised to require the person in charge of the motor vehicle to unload the motor vehicle or trailer for the purpose of being weighed unladen.
(4)  Where a motor vehicle or trailer is weighed under this section, a certificate of weight shall be given to the person in charge of the motor vehicle by the person who carried out the weighing of the vehicle.
[1/2003]
Power to seize vehicles
95.
—(1)  Where a police officer, the Registrar or an authorised officer has reason to believe that a vehicle is a vehicle in connection with which an offence under this Act has been or is being committed or a vehicle that has been or is being used in contravention of the conditions of any licence issued in respect thereof under this Act, the police officer, Registrar or authorised officer, on production of his authority, may —
(a)
seize the vehicle and take it to a place of safety; or
(b)
require the owner, driver or person in charge of the vehicle to take the vehicle and any trailer attached thereto to a specified place of safety.
[28/2001]
(2)  The power conferred on a police officer, the Registrar or an authorised officer under subsection (1)(a) may be exercised whether or not the owner, driver or person in charge of the vehicle is present at the time of its seizure.
[28/2001]
(3)  Any vehicle which is taken to a place of safety under subsection (1) shall be detained thereat until it is released by order of a Magistrate or the Deputy Commissioner of Police or the Registrar.
[28/2001]
(4)  In this section, “authorised officer” means any employee of the Authority who is authorised in writing by the Registrar to act under this section.
[28/2001]
(5)  Any person who refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence.
[28/2001]
(6)  Any unauthorised person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or the Deputy Commissioner of Police or the Registrar shall be guilty of an offence.
(7)  If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Act, the expenses incurred by the Deputy Commissioner of Police or the Registrar in carrying out the provisions of this section shall be recoverable by or on behalf of the Deputy Commissioner of Police or the Registrar and, in case of dispute or neglect to pay, be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by that Court.
(8)  Where any vehicle or trailer is detained under this section, the Deputy Commissioner of Police or the Registrar shall with all reasonable despatch notify the owner of the seizure, and such notification may be given —
(a)
by posting a notice in writing to the owner of the vehicle at his usual or last known place of residence or business in Singapore; or
(b)
in such other manner as the Deputy Commissioner of Police or the Registrar thinks expedient.
(9)  If the vehicle or trailer is not claimed by its owner within one month of the date of its detention, the Deputy Commissioner of Police or the Registrar thereafter and after giving one month’s notice in the Gazette of his intention to do so may sell by public auction or otherwise dispose of the vehicle or trailer.
(10)  The proceeds, if any, from the sale or disposal of any such vehicle or trailer shall be applied in payment of —
(a)
firstly, any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section; and
(b)
secondly, any damage caused to property of the Government by the unlawful use of the vehicle or trailer,
and the surplus, if any, shall be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within 12 months after the date of the sale or disposal shall be forfeited to the Government.
Power to immobilise or seize and detain vehicle belonging to person against whom warrant of arrest is in force
95A.
—(1)  Where a vehicle which is being used or parked on a road or in a parking place is registered in the name of a person against whom a warrant of arrest is in force, a police officer or an employee of the Authority may —
(a)
immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or
(b)
seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety,
and the vehicle shall remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar.
[45/99]
(2)  The powers conferred by subsection (1) on a police officer may also be exercised by him in respect of any vehicle which is registered in the name of a person against whom a warrant of arrest is in force and which is being used or parked in a public place.
[45/99]
(3)  Without prejudice to subsections (1) and (2) but subject to subsection (4), where a police officer, in attempting to execute a warrant of arrest at any private premises, finds at such private premises any vehicle which is registered in the name of the person against whom the warrant of arrest has been issued, the police officer may —
(a)
immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or
(b)
seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety,
and the vehicle shall remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar.
[45/99]
(4)  Nothing in subsection (3) shall authorise a police officer to immobilise or seize and detain any vehicle which he finds at any private premises unless, despite all reasonable effort, he is unable at such private premises to effect the arrest of the person against whom the warrant of arrest has been issued.
[45/99]
(5)  For the purposes of subsections (1), (2) and (3) —
(a)
a police officer or an employee of the Authority may require any person who is driving or who is in charge of the vehicle —
(i)
to stop the vehicle;
(ii)
to take the vehicle to such place of safety as may be specified by the police officer or employee of the Authority; or
(iii)
to render such other co-operation as the police officer or employee of the Authority may reasonably require; and
(b)
a Magistrate, the Deputy Commissioner of Police or the Registrar may —
(i)
refuse to order the release of any vehicle that has been immobilised or seized and detained under either of those subsections until the person in whose name the vehicle is registered has been arrested in connection with the warrant of arrest in force against him or has surrendered himself to a police officer or the warrant of arrest in force against him has been cancelled by a court; and
(ii)
require the person to whom the vehicle is released to pay such charges as may be prescribed for the release of the vehicle.
[45/99]
(6)  Where a police officer or an employee of the Authority has immobilised or seized and detained a vehicle under this section, he shall with all reasonable despatch notify the person in whose name the vehicle is registered of the immobilisation or seizure —
(a)
of the procedure by which he may secure the release of the vehicle; and
(b)
that unless within 3 months of the date specified in the notification he surrenders himself to a police officer in connection with the warrant of arrest in force against him, the Deputy Commissioner of Police or the Authority shall proceed to sell or dispose of the vehicle.
[45/99]
(7)  The notification under subsection (6) may be given —
(a)
where the vehicle has been immobilised, by affixing a notice onto the windscreen or any other conspicuous part of the vehicle; or
(b)
where the vehicle has been seized and detained —
(i)
by posting a notice in writing to the person in whose name the vehicle is registered at his usual or last known place of residence or business in Singapore; or
(ii)
in such other manner as the police officer or employee of the Authority thinks expedient.
(8)  Any person who —
(a)
without the authority of a police officer or an employee of the Authority removes or tampers with any notice affixed onto a vehicle under subsection (7)(a); or
(b)
without the authority of a Magistrate, the Deputy Commissioner of Police or the Registrar —
(i)
removes or tampers with any device or appliance which has been fixed to a vehicle by a police officer or an employee of the Authority for the purpose of immobilising it in pursuance of this section; or
(ii)
removes any vehicle from the place at which it has been immobilised or from the place of safety where it is being detained or causes such vehicle to be so removed,
shall be guilty of an offence.
[45/99]
(9)  If upon the expiry of 3 months from the date specified in the notification given under subsection (6) the person in whose name the vehicle is registered has not surrendered himself to a police officer or has not been arrested in connection with the warrant of arrest in force against him, the Deputy Commissioner of Police or the Authority, after giving one month’s notice in the Gazette of his or its intention to do so, may sell the vehicle by public auction or otherwise dispose of the vehicle in such manner as he or it thinks fit.
[45/99]
(10)  The proceeds, if any, from the sale or disposal of any such vehicle shall be applied in payment of —
(a)
any taxes, fees or charges under this Act which may be due from the person in whose name the vehicle is registered; and
(b)
any charges incurred in carrying out the provisions of this section,
and the surplus, if any, shall be paid to the person in whose name the vehicle is registered, or if not claimed by such person within 12 months after the date of the sale or disposal shall be forfeited to the Government.
[45/99]
(11)  Any person who obstructs or hinders the Authority or any employee thereof, the Deputy Commissioner of Police or any police officer acting in the discharge of his duty under this section shall be guilty of an offence.
[45/99]
(12)  The Authority or any employee thereof, the Deputy Commissioner of Police and any police officer shall not be liable for any damage to or loss of any vehicle or the contents thereof which is not wilfully or negligently caused by them in the exercise of their powers under this section.
[45/99]
(13)  In this section —
“immobilise”, in relation to a vehicle, means to prevent the removal of the vehicle by fixing to the vehicle a device or appliance which is —
(a)
designed or adapted for the purpose of preventing the removal of the vehicle; and
(b)
approved by the Authority or the Deputy Commissioner of Police for use for the purpose of this section;
“warrant of arrest” means a warrant of arrest issued by a court against a person in connection with any offence committed by him under —
(a)
this Act; or
Taking of motor vehicle without owner’s consent
96.
—(1)  Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months.
(2)  If the accused satisfies the court that he acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be convicted of the offence under subsection (1).
(3)  If on the trial of any person for the theft of a motor vehicle the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section, the court may convict the accused under this section.
(4)  Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.
Restriction on persons taking hold of motor vehicle in motion
97.
—(1)  If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his being drawn or carried, he shall be guilty of an offence.
(2)  If, while a motor vehicle is on a road or on a parking place where the public may park motor vehicles, any person otherwise than with lawful authority or with reasonable cause gets on to or moves or tampers with the vehicle, he shall be guilty of an offence.
(3)  If any person loiters in or near a road or parking place where the public may park motor vehicles for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver, the person so loitering or importuning shall be guilty of an offence.
(4)  Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.
Application to vehicles belonging to Government and armed forces
98.
—(1)  This Part shall subject as otherwise provided apply to vehicles, trailers and persons in the service of the Government or of any visiting force lawfully present in Singapore.
(2)  For the purpose of proceedings for an offence in connection with any such vehicle or trailer against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle or trailer is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver only was responsible.
(3)  In the case of motor vehicles owned by the Government or by any visiting force lawfully present in Singapore and used for naval, military or air force purposes or in the case of motor vehicles so used while being driven by persons for the time being subject to the orders of any member of the armed forces in Singapore, the Authority may by rules, subject to such conditions as may be specified in the rules, vary in relation to any such vehicles while being driven as aforesaid the provisions of this Act or any rule, order or notification imposing a speed limit on motor vehicles and the provisions of this Part which respectively —
(a)
impose restrictions on persons below the age of 21 years with respect to the driving of heavy locomotives, light locomotives, motor tractors or heavy motor cars;
(b)
regulate the number of trailers which may be drawn by motor vehicles.
[28/95]
PART V
PUBLIC SERVICE VEHICLES
Application of this Part
99.  This Part shall apply to all public service vehicles.
Classification and descriptions of public service vehicles
100.
—(1)  The classification and descriptions of public service vehicles for the purpose of this Act shall be as set out in the Second Schedule.
[28/2001]
(2)  The Authority may by order published in the Gazette, add to, amend or vary the Second Schedule.
[28/2001]
(3)  The Authority may, by rules made under section 111, subdivide any class of public service vehicles as set out in the Second Schedule, and any reference in this Act to a class of public service vehicles shall include a reference to any subdivision of such class.
[28/2001]
(4)  Notwithstanding the classification and descriptions of public service vehicles in the Second Schedule, the Authority may permit any class of public service vehicles to be used for any prescribed purpose.
[28/2001]
Prohibition of use of unlicensed public service vehicles
101.
—(1)  Subject to the provisions of this Part, no person shall use a motor vehicle, or cause or permit a motor vehicle to be used, as a public service vehicle unless there is in force, in respect of the vehicle, a valid licence issued under this Part authorising such use, or otherwise than in accordance with the licence and any conditions attached thereto.
(2)  Any person who contravenes subsection (1) 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 6 months or to both.
(3)  A person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that he used the motor vehicle, the subject of the charge, as a public service vehicle in an emergency for the purpose of conveying a sick or injured person to hospital or to bring medical aid to such person or for the purpose of making a report to a police station and that he had made all reasonable efforts to hire a public service vehicle for the purpose of the journey.
(4)  A public service vehicle licence shall be in addition to any other licence issued under this Act.
(5)  Any motor vehicle in respect of which there has been, or there is reasonable cause to suspect that there has been, committed any offence under this section may be seized by any police officer or the Registrar or any officer authorised in writing in that behalf by the Registrar.
(6)  When any motor vehicle has been seized under subsection (5), a police officer or the Registrar or an officer authorised in writing in that behalf by the Registrar —
(a)
may, in his discretion, temporarily return the motor vehicle to its owner on security being furnished to the satisfaction of the police officer, the Registrar or officer so authorised, as the case may be, that the motor vehicle shall be surrendered to him on demand; or
(b)
shall, upon the direction of the Public Prosecutor, and after making such investigations as are necessary for the purposes of this Act, return the motor vehicle to its owner.
(7)  Where it is proved to the satisfaction of a court before which the prosecution has been held that a motor vehicle seized under subsection (5) has been used in the commission of an offence under this section, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, notwithstanding that no person may have been convicted of an offence.
(8)  If there be no prosecution with regard to any motor vehicle seized under subsection (5), that vehicle shall be released at the expiration of one month from the date of seizure unless it has sooner been released.
(9)  A police officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this section.
Issue of public service vehicle licences
102.
—(1)  The Registrar may, on application made to him in the prescribed manner and on payment of the prescribed fee and subject to such rules as may be prescribed, issue public service vehicle licences.
(2)  The Registrar shall not issue a public service vehicle licence to any person who is a minor or in respect of any vehicle which does not comply with such conditions as to construction, fitness and equipment or otherwise as may be prescribed.
Modification of public service vehicle licence conditions
102A.
—(1)  Subject to this section, the Authority may at any time modify the conditions of a public service vehicle licence.
(2)  Before modifying any conditions of a public service vehicle licence under subsection (1), the Authority shall give notice to the holder of the licence —
(a)
stating that the Authority proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (not being less than 28 days after the date of service of the notice on such holder of a licence) within which written representations with respect to the proposed modification may be made.
(3)  Upon receipt of any written representation within the time specified under subsection (2)(b), the Authority shall consider such representation and may —
(a)
reject the representation;
(b)
amend the proposed modification in such manner as it thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(4)  Subject to subsection (6), if the Authority rejects any written representation under subsection (3)(a) or amends any proposed modification to the conditions of a public service vehicle licence under subsection (3)(b), the Authority shall issue a notice to the holder of the licence stating that the modification as specified in the notice under this subsection shall take effect on a date specified in that notice by the Authority.
(5)  Subject to subsection (6), if no written representation is received by the Authority within the time specified under subsection (2)(b) or if any written representation made under subsection (2)(b) is subsequently withdrawn before any decision is made under subsection (3), the Authority shall issue a notice to the holder of the licence stating that the modification as specified in the notice under this subsection shall take effect on a date specified in that notice by the Authority.
(6)  Any decision to modify the conditions of a public service vehicle licence shall not take effect —
(a)
during the period for appeals referred to in section 102B(1); and
(b)
where the holder of the licence has appealed against the modification, until the determination of the appeal.
Appeal to Minister
102B.
—(1)  A holder of a public service vehicle licence who is aggrieved by any decision to modify the conditions of his licence under section 102A may, within 14 days after receiving the notice referred to in section 102A(4), appeal to the Minister.
(2)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the Authority or amending any licence condition affecting the licensee.
(3)  The decision of the Minister in any appeal shall be final.
Limitation on number of public service vehicle licences
103.  The Authority may from time to time prescribe the maximum number of public service vehicles of any class which may be licensed and the Registrar shall not issue licences in excess of the number so prescribed.
[28/95]
Transfer of public service vehicle licences
104.
—(1)  The Registrar may, in his discretion, permit the transfer of any public service vehicle licence in such manner and on payment of such fee as may be prescribed.
(2)  No such transfer shall take place without the permission in writing of the Registrar.
Markings of public service vehicles
105.
—(1)  Every public service vehicle licensed under this Part shall have permanently affixed thereto such plate or plates and such other markings for the purpose of identifying such vehicle as a public service vehicle as may be prescribed.
(2)  On the expiry, suspension or revocation of any public service vehicle licence, the licence together with all plates or other markings issued in connection therewith shall be returned to the Registrar within 10 days after the expiry, suspension or revocation.
(3)  Any person who omits to return any such licence, plate or other marking shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
(4)  Any person displaying any plate or marking referred to in subsection (1), or any plate or marking falsely purporting to have been issued under this Part, on any vehicle in respect of which the appropriate public service vehicle licence is not in force shall be guilty of an offence.
Rates of hire
106.
—(1)  The owner, driver or conductor of a public service vehicle shall be entitled to demand and take such rates of hire or fares as the Minister may prescribe.
(2)  Except as otherwise provided, the prescription of such rates of hire or fares shall not prevent an owner, driver or conductor from entering into a contract to receive a lower rate of hire or fare than that prescribed.
(3)  If any dispute arises as to a rate or fare calculated according to distance, the dispute may be referred to the Registrar or to the officer in charge of any police station whose decision shall be final, and any certificate issued by the Registrar or the police officer with regard thereto shall be admissible in evidence.
(4)  The owner, driver or conductor of a public service vehicle who demands or takes or attempts to take any money in excess of such rates or fares shall be guilty of an offence.
(5)  Any person who refuses to pay the owner, driver or conductor, as the case may be, the prescribed rate of hire or the prescribed fare when lawfully demanded shall be guilty of an offence.
(6)  This section shall not apply to omnibuses and taxis.
[18/87]
Responsibility of owner of public service vehicles
107.
—(1)  The owner of a public service vehicle shall, unless he satisfies the court that he took every reasonable precaution to avoid the commission thereof, be responsible for all offences committed under this Act in connection with the use of the vehicle and may, in the discretion of the Registrar, be prosecuted for such offence either in addition to or instead of the driver or conductor, as the case may be.
(2)  When the driver or conductor of any public service vehicle is reasonably believed to be guilty of an offence under this Act, the owner of the vehicle and any other person who was or should have been in charge of the vehicle at or about the relevant time shall give to the Registrar or to any police officer such information as the Registrar or such police officer may require of him concerning the identity and address of the person believed to be guilty of the offence.
(3)  If any person fails to do so within 7 days of the date on which the information was required of him under subsection (2), unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained the information required, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.
(4)  Notwithstanding anything in any other written law, any information given under subsection (2) by any person charged with any offence under this Act may be used as evidence at the hearing of the charge.
Revocation and suspension of licences
108.  The Registrar may at any time suspend or revoke a public service vehicle licence if —
(a)
owing to any defects in the vehicle in respect of which the licence is issued, the vehicle is or is likely to become unfit for service;
(b)
having regard to the conduct of the holder of the licence or to the manner in which the vehicle is being used, it appears to the Registrar that the licence should be suspended or revoked;
(c)
in the case of a public service vehicle licence issued in respect of a taxi, the holder of the licence —
(i)
has attained the age of 63 years;
(ii)
holds more than one public service vehicle licence issued in respect of a taxi; or
(iii)
has ceased to carry on his vocation as a taxi-driver; or
(d)
the licensee has contravened any of the provisions of this Act.
[7/90]
Public stands
109.  The Authority may provide, appoint and regulate the use of such public stands for any class of public service vehicle as it may think fit, and on the application of or with the consent of the owner of any private property may regulate the use of public stands provided on such private property.
[28/95]
Vocational licences
110.
—(1)  No person shall —
(a)
drive or act as a conductor of a public service vehicle on a road unless he holds a vocational licence granted by the Registrar under this Part for such purposes; or
(b)
employ or permit any person who is not so licensed to drive or act as a conductor of a public service vehicle.
(2)  The Registrar may, on application made to him in the prescribed manner and on payment of the prescribed fee and subject to such rules as may be prescribed, grant vocational licences.
(2A)  The Registrar shall not grant a vocational licence unless he is satisfied that the applicant for the licence is of the minimum age as prescribed for that class of public service vehicle and fulfils such other conditions as may be prescribed.
(3)  A vocational licence to drive a public service vehicle may be limited to such class of vehicle as may be specified in the licence.
(4)  A vocational licence may at any time be suspended or revoked by the Registrar upon the ground that, by reason of his conduct or physical disability, the holder is not a fit and proper person to hold such a licence.
(5)  Where the Registrar refuses to grant or suspends or revokes a vocational licence, the applicant or licence holder, as the case may be, may appeal to the Minister, and on such appeal, the Minister, after such inquiry, if any, as he may consider necessary, may make such order as he thinks fit, and any order so made shall be binding on the Registrar and on the appellant.
(6)  If any person acts in contravention of subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both.
Rules for purposes of this Part
111.  The Authority may make such rules as it may consider expedient for the purposes of this Part.
[28/95]
PART VA
LICENSING OF TAXI SERVICE OPERATORS
Taxi service operator
111A.  For the purpose of this Part, a person operates a taxi service if, in the course of business, he owns more than one taxi and leases all or any of such taxis to individual drivers for the purpose of providing a service whereby —
(a)
the taxis ply for hire or are available for hire from designated taxi stands; or
(b)
bookings for the use of such taxis are accepted and taxis are assigned to persons making such bookings.
[1/2003]
Licence required for operating taxi service
111B.
—(1)  No person shall operate a taxi service unless he has been licensed to do so by the Authority.
[1/2003]
(2)  Any person who operates a taxi service without a licence granted by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
[1/2003]
Application for, grant and duration of, licence
111C.
—(1)  An application for a licence required under section 111B shall be made to the Authority in such form or manner as the Authority may require and shall be accompanied by —
(a)
such particulars, information and documents as may be specified by the Authority; and
(b)
if required by the Authority, a statutory declaration by the applicant verifying any information contained in or relating to the application.
[1/2003]
(2)  The grant of licences under this section shall be at the discretion of the Authority and the Authority may, on receiving an application under subsection (1), grant a licence to the applicant on such terms and subject to such conditions as it thinks fit.
[1/2003]
(3)  In determining whether to grant a licence under this section and what terms and conditions to impose thereon, the Authority shall consider —
(a)
the character and fitness of the applicant to be granted with a licence or, where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate;
(b)
the financial resources of the applicant;
(c)
whether the applicant is likely to provide a satisfactory taxi service to members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;
(d)
the existence of other taxi services and the demand for taxi services;
(e)
the type of taxis proposed to be used by the applicant in providing the taxi service; and
(f)
any other matter which the Authority thinks relevant.
[1/2003]
(4)  Any person aggrieved by a refusal of the Authority to grant a licence may, within 14 days of the refusal, appeal to the Minister whose decision shall be final.
[1/2003]
Certain conditions subject to which licence may be granted
111D.
—(1)  Without prejudice to the generality of section 111C(2), the Authority may, in granting a licence thereunder, impose conditions —
(a)
controlling or restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee or its shareholders, or of interests in the undertaking of the licensee or any part thereof;
(b)
requiring the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence or both, of such amount as may be determined by the Authority;
(c)
requiring the licensee to do, or not to do, such things as are specified or described in the licence;
(d)
relating to the extent, hours and general level of the services to be provided by the licensee to members of the public;
(e)
relating to the condition and use of the taxis employed by the licensee in operating the taxi service;
(f)
relating to the conduct of the employees, agents and contractors of the licensee (including the persons to whom the licensee leases taxis in connection with the operation of the taxi service);
(g)
specifying codes of practice and standards of performance in connection with —
(i)
the operation and provision of taxi services;
(ii)
the conduct of licensees and their employees, agents and contractors in the provision of taxi services (including the persons to whom the licensees lease taxis in connection with the operation of the taxi service); and
(iii)
the preservation and promotion of fair competition amongst persons who have been licensed under this Part to operate taxi services;
(h)
requiring the licensee to undergo and pass such audit as the Authority may determine for compliance with —
(i)
the relevant provisions of this Act;
(ii)
the terms and conditions of the licence being held by the licensee;
(iii)
the codes of practice and standards of performance issued by the Authority under paragraph (g); and
(iv)
any direction given by the Authority under section 111G; and
(i)
requiring the licensee to obtain membership in or to make contributions to such body or organisation as may be specified by the Authority, being a body or an organisation that provides training programmes and other activities which the Authority thinks beneficial to the taxi industry.
[1/2003]
(2)  For the purpose of subsection (1)(h) —
(a)
the audit shall be conducted by —
(i)
such officers of the Authority who have been duly designated by the Authority for the purpose; or
(ii)
a qualified independent audit team approved by the officers referred to in sub-paragraph (i) for the purpose;
(b)
the Authority may require the licensee —
(i)
to submit to the Authority or to the persons conducting the audit such information as the Authority may specify which pertains to the operation of the taxi service by the licensee; and
(ii)
to allow the persons conducting the audit to carry out on-site collection or verification of any information which pertains to the operation of the taxi service by the licensee;
(c)
any sample size used by the persons conducting the audit shall be deemed to be reasonable; and
(d)
the costs of and incidental to the conduct of the audit shall be borne by the licensee.
[1/2003]
Constitution of firm or company to be licensed
111E.
—(1)  If the applicant for a licence is a partnership, all the members of the partnership must be approved by the Authority.
[1/2003]
(2)  If the applicant for a licence is a company, all the directors of the company must be approved by the Authority.
[1/2003]
(3)  No person shall be appointed to be a new partner or director of a licensee unless such person is approved by the Authority.
[1/2003]
(4)  Every licensee shall inform the Authority of —
(a)
the withdrawal by, or the expulsion of, any partner from the partnership;
(b)
the resignation or removal of any director of the company; and
(c)
the death of any partner or director.
[1/2003]
Modification of licence conditions
111F.
—(1)  Subject to this section, the Authority may modify the conditions of a licence imposed under section 111D.
[1/2003]
(2)  Before modifying the conditions of a licence under subsection (1), the Authority shall give notice to the licensee —
(a)
stating that it proposes to make the modification in the manner as specified in the notice; and
(b)
specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which written representations with respect to the proposed modification may be made.
[1/2003]
(3)  Upon receipt of any written representation referred to in subsection (2), the Authority shall consider such representation and may —
(a)
reject the representation; or
(b)
amend the proposed modification in accordance with the representation or otherwise,
and, in either event, the Authority shall thereupon issue a direction in writing to the licensee requiring that effect be given within a reasonable time to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority.
[1/2003]
(4)  Any licensee aggrieved by the decision of the Authority under subsection (3) may, within 28 days of the receipt by him of the direction, appeal to the Minister whose decision shall be final.
[1/2003]
(5)  The Authority shall not enforce its direction —
(a)
during the period referred to in subsection (4); and
(b)
whilst the appeal of the licensee is under consideration by the Minister.
[1/2003]
(6)  If no written representation is received by the Authority within the time specified in subsection (2)(b) or if any written representation made is subsequently withdrawn, the Authority may immediately carry out the modification as specified in the notice under subsection (2)(a).
[1/2003]
Power of Authority to give directions to licensees
111G.
—(1)  The Authority may give directions to be observed by licensees for the purpose of —
(a)
ensuring that such licensees provide satisfactory taxi services to members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency; and
(b)
preserving and promoting fair competition amongst such licensees.
[1/2003]
(2)  A direction under subsection (1) —
(a)
shall require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction;
(b)
shall take effect at such time, being the earliest practicable time, as is determined by or under that direction; and
(c)
may be revoked or modified at any time by the Authority.
[1/2003]
(3)  Before giving a direction to any licensee under subsection (1), the Authority shall, unless the Authority in respect of any particular direction considers that it is not practicable or desirable, give notice —
(a)
stating that the Authority proposes to make the direction and setting out its effect; and
(b)
specifying the time within which representations or objections to the proposed direction may be made,
and shall consider any representation or objection which is duly made.
[1/2003]
(4)  Every licensee shall, at his own expense, comply with every direction of the Authority given to the licensee under this section.
[1/2003]
(5)  Any licensee who is aggrieved by any direction of the Authority under subsection (1) may, within 14 days after the licensee is served with the direction, appeal to the Minister whose decision shall be final.
[1/2003]
(6)  The Authority shall not enforce its direction —
(a)
during the period referred to in subsection (5); and
(b)
whilst the appeal of the licensee is under consideration by the Minister.
[1/2003]
Power of Authority to deal with errant licensees
111H.
—(1)  If the Authority is satisfied that any licensee —
(a)
has contravened any relevant provision of this Act, any term or condition of his licence or any code of practice, standard of performance or direction issued by the Authority under this Part;
(b)
has failed to secure the compliance by any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service) with any provision, term, condition, code of practice, standard of performance or direction referred to in paragraph (a); or
(c)
has otherwise failed to provide a satisfactory taxi service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency,
the Authority may, subject to the provisions of this section —
(i)
issue such written order to the licensee as it considers requisite for the purpose of securing the compliance by the licensee or any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service) with the provision, term, condition, code of practice or standard of performance or direction referred to in paragraph (a);
(ii)
require the licensee to pay to the Authority, within a specified period, a financial penalty of such amount not exceeding $100,000 as the Authority thinks fit; or
(iii)
suspend or cancel the licence being held by the licensee in whole or in part.
[1/2003]
(2)  The Authority shall, before requiring the payment of any financial penalty under subsection (1)(ii) or suspending or cancelling a licence under subsection (1)(iii), give to the licensee notice in writing of its intention to do so and shall in such notice call upon the licensee to show cause within such time as may be specified in the notice as to why he should not be required to pay a financial penalty or why his licence should not be suspended or cancelled, as the case may be.
[1/2003]
(3)  If the licensee —
(a)
fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or
(b)
fails to show sufficient cause,
the Authority shall give notice in writing to the licensee of the date by which the financial penalty shall be paid or from which the suspension or cancellation of his licence is to take effect, as the case may be.
[1/2003]
(4)  Subject to subsection (5), any licensee who is aggrieved by any decision of the Authority under subsection (1) may appeal to the Minister whose decision shall be final.
[1/2003]
(5)  An appeal under subsection (4) shall be brought within the following time:
(a)
in the case of an appeal from a written order issued under subsection (1)(i), within 14 days from the date on which the written order is served on him; and
(b)
in the case of an appeal from the imposition of a financial penalty under subsection (1)(ii) or the suspension or cancellation of a licence under subsection (1)(iii), within 14 days from the date on which the notice in writing is given to him under subsection (3).
[1/2003]
Recovery of sums payable under this Part
111I.  Where any fee, contribution, financial penalty or other sum payable under this Part remains due and unpaid by a licensee, the Authority may require the licensee to pay interest thereon at the prescribed rate, and any such fee, contribution, financial penalty or other sum, and any interest thereon, may be recovered by the Authority in any court of competent jurisdiction as if they were simple contract debts.
[1/2003]
Rules for purposes of this Part
111J.  The Authority may, with the approval of the Minister, make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect.
[1/2003]
PART VB
LICENSING OF BUS INTERCHANGE AND BUS DEPOT OPERATORS
Interpretation of this Part
111K.  In this Part, unless the context otherwise requires ––
“bus depot” means any premises with purpose-built facilities for the parking, maintenance or refuelling of buses by bus service operator licensees;
“bus interchange” means a terminal or station with purpose-built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers;
“bus service” means a service that is provided to any person upon the payment of a fare using one or more buses operating on predetermined timetables and routes;
“bus service licensee” means the holder of a bus service licence within the meaning of the Public Transport Council Act (Cap. 259B);
“bus service operator licensee” means the holder of a bus service operator’s licence within the meaning of the Public Transport Council Act;
“licence” means a licence granted under section 111M;
“licensee” means the holder of a licence.
Operating bus interchange or bus depot without licence
111L.
—(1)  No person except the Authority or a licensee shall operate any bus interchange or bus depot.
(2)  Any person who operates any bus interchange or bus depot in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(3)  Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Part and shall have the power to impose the full penalty or punishment in respect of any such offence.
Licence to operate bus interchange or bus depot
111M.
—(1)  Subject to the provisions of this Part, the Authority may, on the application of any person, grant a licence to that person to operate any bus interchange or bus depot for such period as may be specified in the licence.
(2)  An application under subsection (1) shall be made to the Authority in such form and manner as the Authority may require.
(3)  A licensee shall be authorised under this Act to operate the bus interchange or bus depot specified in the licence for the period specified in the licence unless the licence is earlier revoked, cancelled or suspended under the provisions of this Act.
(4)  The fee for a licence to operate any bus interchange or bus depot shall be such amount as may be prescribed.
Matters to be considered by Authority in granting licence
111N.  In exercising its discretion to grant a licence, the Authority shall have regard to the financial standing of the applicant and his ability to maintain and operate an adequate, satisfactory, safe and efficient bus interchange or bus depot.
Conditions of licence
111O.
—(1)  In granting a licence, the Authority may impose such conditions as it thinks fit, including conditions relating to —
(a)
the extent, hours and general level of service of the bus interchange or bus depot that is the subject of the licence;
(b)
the maintenance and operation of the bus interchange or bus depot and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange or bus depot;
(d)
the maximum fee payable to the licensee for the use of the bus interchange that is the subject of the licence by —
(i)
any bus service licensee; or
(ii)
any operator of any bus service using buses registered whether within or outside Singapore and which ply between Singapore and Malaysia;
(e)
the conditions and use of the bus interchange or bus depot by employees, agents, tenants and contractors of the licensee, by bus service licensees and operators of bus services referred to in paragraph (d) and by members of the public; and
(f)
the standards of performance to be complied with by the licensee in the maintenance and operation of the bus interchange or bus depot.
(2)  Without prejudice to the generality of subsection (1), conditions included in a licence to operate a bus interchange or bus depot may require the licensee —
(a)
to maintain any premises, structure or facility used for the purposes of, or which is otherwise reasonably necessary or incidental to, the smooth operation of the bus interchange or bus depot;
(b)
to prepare itself to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; and
(c)
to provide travel information systems and directional signs for the purpose of ensuring integration of the bus interchange with transport services and facilities and developments surrounding the bus interchange operated by the licensee so as to enhance passenger services.
Modification of licence conditions
111P.
—(1)  Subject to this section, the Authority may modify the conditions of a licence.
(2)  Before making any modification to the conditions of a licence under subsection (1), the Authority shall give notice to the licensee —
(a)
stating that it proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which the licensee may make written representations to the Authority with respect to the proposed modification.
(3)  Upon receipt of any written representation referred to in subsection (2)(b), the Authority shall consider such representation and may —
(a)
reject the representation;
(b)
amend the proposed modification in such manner as it thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(4)  Subject to subsection (6), if the Authority rejects any written representation under subsection (3)(a) or amends any proposed modification to the conditions of a licence under subsection (3)(b), the modification as specified in the notice or as amended by the Authority, as the case may be, shall take effect on a date specified in writing by the Authority.
(5)  Subject to subsection (6), if no written representation is received by the Authority within the time specified under subsection (2)(b) or if any written representation made under subsection (2)(b) is subsequently withdrawn, the modification as specified in the notice shall take effect on a date specified in writing by the Authority.
(6)  Any modification to the conditions of a licence under subsection (4) or (5) shall not take effect —
(a)
during the period referred to in section 111T(1); and
(b)
where the licensee has appealed against the modification, until the determination of the appeal.
Directions affecting licensees
111Q.
—(1)  The Authority may give directions to any licensee on or in respect of the following matters:
(a)
the extent, hours and general level of service;
(b)
the maintenance and operation of the bus interchange or bus depot and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange or bus depot;
(d)
the conditions and use of the bus interchange or bus depot by employees, agents, tenants and contractors of the licensee, by bus service licensees and operators of bus services referred to in section 111O(1)(d) and by members of the public; and
(e)
any other matter affecting the interests of the public in connection with the service provided by the licensee.
(2)  Any direction given under subsection (1) —
(a)
may require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction;
(b)
shall take effect at such time as specified in the direction; and
(c)
may be revoked or modified at any time by the Authority.
(3)  Before giving any direction to any licensee under subsection (1), the Authority —
(a)
shall give notice to the licensee —
(i)
informing him of the proposed direction and setting out its effect; and
(ii)
specifying the time within which he may make written representations to the Authority with respect to the proposed direction,
unless the Authority, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and
(b)
shall consider any representation made by the licensee.
(4)  Every licensee shall, at his own expense, comply with every direction given to him by the Authority under this section.
Codes of practice
111QA.
—(1)  The Authority may issue or approve and from time to time modify codes of practice in connection with —
(a)
the maintenance or operation of bus interchanges or bus depots and any equipment relating thereto;
(b)
the provision of services at bus interchanges or bus depots;
(c)
the conduct of licensees;
(d)
the security and safety of persons who use or who are engaged in any work at bus interchanges or bus depots; and
(e)
the measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency.
(2)  Every licensee shall comply with any code of practice issued or approved by the Authority under subsection (1), except that if any provision in any such code of practice is inconsistent with this Act, that provision shall not have effect to the extent of the inconsistency.
(3)  The Authority may, if the circumstances so warrant, exempt any licensee from any provision in any code of practice, whether unconditionally or subject to such conditions as the Authority thinks fit to impose, and whether permanently or for such time as the Authority may specify.
(4)  Any code of practice issued or approved by the Authority shall be deemed not to be subsidiary legislation.
Suspension or cancellation of licence, etc.
111R.
—(1)  Subject to subsection (2), if any licensee —
(a)
contravenes, or fails to secure the compliance by his employees, agents or contractors with, any of the conditions of his licence or any direction given by the Authority under section 111Q;
(b)
goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation;
(c)
makes any assignment to or enters into a composition with his creditors; or
(d)
fails to comply with any provision of any code of practice issued or approved by the Authority under section 111QA,
the Authority may, by notice in writing and without any compensation to the licensee or any other person, do all or any of the following:
(i)
rectify the non-compliance and recover the costs of such rectification from the licensee;
(ii)
suspend or cancel the licence of the licensee;
(iii)
require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 as the Authority thinks fit.
(2)  The Authority shall, before taking any action under subsection (1), give the licensee notice in writing of its intention to do so and shall call upon the licensee to show cause within such time as may be specified by the Authority as to why such action ought not to be taken.
(3)  Any cost recoverable from any licensee under subsection (1)(i) and any financial penalty payable by any licensee under subsection (1)(iii) shall be recoverable as a debt due to the Authority from the licensee, and the licensee’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.
Renewal of licence
111S.
—(1)  The Authority may, on the application of a licensee, renew the licence on such conditions as it thinks fit.
(2)  The fee for any renewal of licence shall be such amount as may be prescribed.
Appeal to Minister
111T.
—(1)  Any licensee aggrieved by —
(a)
any licence condition imposed by the Authority under section 111O;
(b)
any modification to the conditions of his licence under section 111P;
(c)
any direction given by the Authority under section 111Q;
(ca)
any code of practice issued or approved by the Authority under section 111QA;
(d)
any decision made by the Authority under section 111R(1); or
(e)
any refusal of the Authority to renew his licence under section 111S,
may, within 14 days of the receipt of the notice relating to the relevant matter from the Authority, appeal to the Minister.
(2)  Subject to section 111P(6) and subsection (3) and unless the Minister otherwise directs, where an appeal is lodged by a licensee under subsection (1) —
(a)
the licensee shall comply or continue to comply with any licence condition, direction, code of practice or decision being appealed against; and
(b)
the licence condition, direction, code of practice or decision shall be effective and enforceable against the licensee,
until the determination of the appeal.
(3)  Where the licensee appeals under subsection (1) against any refusal to renew his licence and his licence expires at any time from the date of receipt of the Authority’s notice of refusal to the date of determination of his appeal, the licensee shall be deemed to have a licence to operate the bus interchange or bus depot, in respect of which his licence was first granted, from the date of expiry of his licence to the date of determination of the appeal.
(4)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the Authority or by amending any licence condition, direction or code of practice affecting the licensee.
(5)  The decision of the Minister in any appeal shall be final.
Rules for purposes of this Part
111U.  The Authority may, with the approval of the Minister, make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect.
PART VI
PROVISIONS AS TO USE OF HIGHWAYS
Issue by Minister of highway code for guidance of users of roads
112.
—(1)  The Minister may prepare a code (referred to in this section as the highway code) comprising such directions as appear to him to be proper for the guidance of persons using roads and may from time to time revise the code by revoking, varying, amending or adding to the provisions thereof in such manner as he may think fit.
(2)  The highway code and any revision thereof shall be presented to Parliament as soon as possible after publication in the Gazette.
(3)  Subject to subsections (1) and (2), the Minister may cause the code and every revised edition of the code to be printed and issued to the public either without charge or at such price as he may think fit.
(4)  The Minister may take such other steps as he may think fit for securing that the provisions of the code shall be brought to the notice of the public.
(5)  A failure on the part of any person to observe any provision of the highway code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Act, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
Power to restrict use of vehicles on specified roads
113.
—(1)  The Deputy Commissioner of Police, with the concurrence of the Minister, may by order published in the Gazette prohibit or restrict, subject to such exceptions and conditions as to occasional user or otherwise as may be specified in the order, the driving of vehicles or of any specified class or description of vehicles on any specified road within Singapore in any case in which he is satisfied that —
(a)
any such vehicles cannot be used or cannot without restriction be used on that road without endangering the safety of the vehicles or the persons therein or of other persons using the road; or
(b)
the road is unsuitable for use or for unrestricted use by any such vehicles.
(2)  The Deputy Commissioner of Police, with the concurrence of the Minister, may make an order under this section, not inconsistent with the rules, for any of the following purposes:
(a)
the specification of the routes to be followed by vehicles;
(b)
the prohibition or restriction of the use of specified roads by vehicles of any specified class or description either generally or during particular hours;
(c)
the prohibition of the driving of vehicles on any specified road otherwise than in a specified direction;
(d)
otherwise in relation to the regulation of traffic;
(e)
the prohibition or regulation of the use of any road or any part thereof for the display, hire or sale of any vehicle or animal.
(3)  No order shall be made under subsection (2)  with respect to any road which would have the effect of preventing such access as may reasonably be required for vehicles of any class or description to any premises situated on or adjacent to the road.
(4)  An order made under this section and expressed to be a temporary order shall remain in force for such period not exceeding 3 months as may be specified therein.
(5)  An order not expressed to be temporary shall be presented to Parliament as soon as possible after publication in the Gazette and may be annulled or amended by a resolution of Parliament.
(6)  Any person who uses a vehicle or causes or permits a vehicle to be used in contravention of an order made under this section shall be guilty of an offence.
Traffic regulation on special roads
114.
—(1)  The Minister may make rules to prohibit or restrict the use of any special road by any traffic or class of traffic subject to such conditions or exceptions as may be prescribed.
(2)  Rules made under this section may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.
(3)  Rules made under this section may, in particular —
(a)
regulate the manner in which and the conditions subject to which special roads may be used by traffic of any class;
(b)
authorise, or enable the Deputy Commissioner of Police to authorise, the use of special roads, on any occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the special roads by any traffic; and
(c)
relax, or enable the Deputy Commissioner of Police to relax, any prohibition or restriction imposed by the rules.
(4)  In this section —
“special road” means any road specified in the rules made under this section to be a special road, and includes any part of a special road;
“traffic” includes pedestrians;
“use”, in relation to a road, includes crossing.
Regulation of use of excluded vehicles on expressways
114A.
—(1)  The Minister may make rules to prohibit, restrict or regulate the use of any excluded vehicle on an expressway.
(2)  Rules made under subsection (1) may —
(a)
require the owner or driver of any excluded vehicle to —
(i)
obtain a permit from the Authority before using the excluded vehicle on an expressway;
(ii)
comply with such conditions as may be imposed by the Authority when granting the permit; and
(iii)
comply with such directions as the Authority or an employee thereof may give regarding the use of the excluded vehicle on an expressway, or the inspection of the permit granted to such owner or driver;
(b)
authorise, or empower the Authority or an employee thereof to authorise, the use of an excluded vehicle on any expressway on any occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access by that excluded vehicle to any premises abutting on or adjacent to the expressway;
(c)
relax, or empower the Authority or an employee thereof to relax, in a particular case any prohibition or restriction imposed by such rules; and
(d)
prescribe the form and manner in which an application for a permit referred to in paragraph (a) is to be made.
(3)  In this section —
“excluded vehicle” means a vehicle which is prescribed by rules made under subsection (1) to be an excluded vehicle for the purpose of this section;
“expressway” means any road that is prescribed by rules made under subsection (1) to be an expressway for the purpose of this section;
“use”, in relation to an expressway, includes crossing.
Power of Authority temporarily to prohibit or restrict traffic on roads
115.
—(1)  Subject to this section, if the Authority is satisfied that traffic on any road should, by reason of any construction works or works of repair being required or being in progress on, over or under the road, be restricted or prohibited, the Authority may, if it thinks fit, restrict or prohibit the use of that road or any part thereof by vehicles or by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as the Authority may consider necessary.
(2)  The Authority shall cause a notice to be issued to the general public or to such persons as the Authority may determine, informing them of the prohibition or restriction and of the alternative route or routes, if any, available for traffic.
(3)  A notice under subsection (2) shall be issued in such form and manner and for such period as the Authority thinks fit.
(4)  So long as any restriction or prohibition made under this section is in force, a notice stating the effect thereof and describing any alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the restriction or prohibition relates and at the points at which it will be necessary for vehicles to diverge from the road.
(5)  The Authority may at any time by notice restrict or prohibit temporarily the use of any road or part thereof by vehicles or by vehicles of any particular class or description where, owing to the likelihood of danger to the public or of serious damage to the road or part thereof, it appears to the Authority to be necessary that such restriction or prohibition should come into force without delay.
(6)  Any such notice shall describe the alternative route or routes, if any, available for traffic and shall be issued in such form and manner and for such period as the Authority thinks fit.
(7)  Where the Authority has issued a notice under subsection (6), the Authority may, before the expiration of the period referred to in that subsection, proceed to make a restriction or prohibition under subsection (1) with respect to the same road or part thereof.
(7A)  For the purposes of subsection (1), any person who intends to carry out any construction works or works of repair on, over or under the road shall give notice to the Authority in the prescribed form and manner, and within the prescribed time before the commencement of the works, failing which he shall be guilty of an offence.
(8)  Any person who uses or causes or permits the use of a vehicle in contravention of any restriction or prohibition imposed under this section shall be guilty of an offence.
(9)  The Authority may, with the approval of the Minister, make rules for carrying out or giving effect to this section, and in particular, for prescribing —
(a)
the form and manner in which, and the period within which, a notice referred to in subsection (7A) is to be given to the Authority;
(b)
the documents, information and indemnity to be given to the Authority together with the notice referred to in subsection (7A);
(c)
the duties of —
(i)
the person carrying out any construction works or works of repair on, over or under any road or part thereof; or
(ii)
the person for whom such works are being carried out,
in relation to the restriction or prohibition of the use of that road or part thereof by vehicles or by vehicles of any particular class or description; and
(d)
the penalties (not exceeding those provided by section 131) for any breach or failure to comply with any such rules.
(10)  Where any construction works or works of repair are being carried out on, over or under any road or part thereof, an employee of the Authority, may at any time without notice, enter upon the site of the works to —
(a)
inspect the measures that have been put in place for the regulation or diversion of traffic in connection with the restriction or prohibition of the use of that road or part thereof arising from such works, in order to ensure that such measures are suitable and adequate; and
(b)
give such directions as he thinks necessary to the person carrying out the works or for whom the works are being carried out in relation to the restriction or prohibition of the use of that road or part thereof by vehicles or by vehicles of any particular class or description.
(11)  A person shall be guilty of an offence if he —
(a)
refuses to give access to or obstructs or hinders an employee of the Authority who is carrying out any inspection under subsection (10)(a); or
(b)
fails to comply with any direction given to him by an employee of the Authority under subsection (10)(b).
Restriction of competitions and speed trials
116.
—(1)  No competition or trial of speed involving the use of vehicles shall take place on a road except under, and in accordance with the conditions of, a permit granted by the Deputy Commissioner of Police.
(2)  An application for a permit referred to in subsection (1) shall —
(a)
be made to the Deputy Commissioner of Police in such form or manner, and not less than such period before the date of the competition or trial of speed, as the Deputy Commissioner of Police may require; and
(b)
be accompanied by such fee (if any) as the Minister may prescribe.
(3)  Upon receiving an application under subsection (2), the Deputy Commissioner of Police may —
(a)
grant the permit applied for —
(i)
in such form and manner as the Deputy Commissioner of Police may determine; and
(ii)
subject to such conditions as the Deputy Commissioner of Police thinks fit to impose; or
(b)
refuse to grant the permit.
(4)  [Deleted by Act 24/2010 wef 01/11/2010]
(5)  [Deleted by Act 24/2010 wef 01/11/2010]
(6)  [Deleted by Act 24/2010 wef 01/11/2010]
(7)  Any person who promotes or takes part in any competition or trial of speed that is in contravention of subsection (1) and any driver or person in charge of any vehicle used in or taking part in any such competition or trial of speed shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also be punished with a fine of not less than $1,000 and not more than $2,000 and, in the case of a second or subsequent conviction, with imprisonment for a term not exceeding 12 months and with a fine of not less than $2,000 and not more than $3,000.
(8)  Any police officer may arrest without warrant any person committing an offence under subsection (7) and may seize and detain for the purposes of proceedings under this Act any vehicle used in or taking part in any competition or trial of speed that is in contravention of subsection (1).
(9)  A person convicted of an offence under subsection (7) shall, unless the court for any special reason thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than 12 months from the date of the conviction from holding or obtaining a driving licence.
Court to order forfeiture of vehicle
117.
—(1)  Where it is proved to the satisfaction of a court that a vehicle has been used in the commission of an offence under section 116(7), and that the vehicle has been seized by the police, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle notwithstanding that no person may have been convicted of that offence.
(2)  An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to an offence under section 116(7) has been or will be held.
(3)  If there be no prosecution with regard to an offence under section 116(7), the vehicle seized under section 116(8) shall be forfeited at the expiry of one month from the date of the seizure unless a claim thereto is made before that date. Any person asserting that he is the owner of the vehicle may personally, or by his agent authorised in writing, give written notice to the Commissioner of Police that he claims the vehicle.
(4)  Upon receipt of a notice under subsection (3), the Commissioner of Police may direct that the vehicle be released or may refer the matter by information to a Magistrate.
(5)  The Magistrate shall, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and shall, on proof that the vehicle was used in the commission of an offence under section 116(7), order the vehicle to be forfeited, or may in the absence of such proof order its release.
(6)  No person shall, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under this section, be entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.
Power to prohibit or restrict use of vehicles on certain bridges
118.
—(1)  When the Authority is satisfied that any bridge over which a road passes is insufficient to carry vehicles of which the weights or axle weights as hereinafter defined exceed certain limits, the Authority may by a conspicuous notice placed in a proper position at each end of the bridge prohibit the use of the bridge either —
(a)
by any vehicle of which the weight exceeds a maximum weight specified in the notice; or
(b)
by any vehicle of which —
(i)
the weight exceeds a maximum weight so specified; or
(ii)
any axle weight exceeds a maximum axle weight so specified.
[28/95]
(2)  Any such notice may as regards both weight of vehicle and axle weight specify different maximum weights in relation to a vehicle travelling at a speed less than a speed specified in the notice and in relation to a vehicle travelling at that speed or any greater speed.
(3)  In this section —
(a)
“placed in a proper position” means placed in such a position either on or near the bridge or on or near the road leading to the bridge as to be visible at a reasonable distance from the bridge to the drivers of vehicles approaching it;
(b)
“weight” means the actual weight of the vehicle at the time including the weight of every person and thing carried by it; and
(c)
the weight transmitted by a vehicle to any transverse strip of the road surface 152.4 centimetres in breadth shall be taken as being an “axle weight” of that vehicle and for the purposes of this paragraph a vehicle and any trailer drawn thereby shall be deemed to be a single vehicle.
(4)  The fact that a prohibition such as is referred to in subsection (1) has been made by the Authority and has been notified in the manner prescribed in that subsection shall be published in the Gazette.
[28/95]
(5)  Any omission to so publish the prohibition and notification shall not affect the validity of the prohibition or notification.
(6)  If without the consent of the Authority, a vehicle is driven across a bridge in contravention of this section, any person who so drives it or causes or permits it to be so driven shall, without prejudice to any civil liability incurred by him in the case of damage being caused to the bridge or otherwise, be guilty of an offence and shall be liable on conviction to a fine not exceeding $400 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000.
[28/95]
(7)  If, in any proceedings under this section, the prosecutor satisfies the court that there are reasonable grounds for believing that the weight of the vehicle exceeded the maximum weight specified in the notice or that any axle weight of the vehicle exceeded the maximum axle weight so specified, the burden shall lie on the defendant to prove that the weight of the vehicle or every axle weight of the vehicle, as the case may be, did not exceed the maximum weight or maximum axle weight.
Power to place traffic signs
119.
—(1)  The Authority may cause or permit traffic signs to be drawn, placed or erected and maintained on or near any road, and any signs so drawn, placed or erected shall be subject to and be in conformity with such general or special directions as the Minister may give.
[28/95; 7/97]
(2)  Traffic signs shall be of the prescribed size, colour and type except where the Authority, with the approval of the Minister, authorises the placing or retention of a sign of another character.
[28/95]
(3)  No traffic signs shall be drawn or placed on or near any road except under and in accordance with subsections (1) and (2).
(4)  The Authority shall, by notice in writing, require the owner or occupier of any land on which there is any traffic sign or any object which so closely resembles a traffic sign that it might reasonably be taken to be such a sign to remove it and if any person fails to comply with such a notice, the Authority may cause the removal to be effected with as little damage as may be and the expense incurred in doing so may be recovered as a civil debt from the person so in default.
[28/95]
(5)  Subsection (4) shall not apply in the case of any sign or object which complies with subsection (2) and the retention of which is expressly authorised by the Authority.
[28/95]
(6)  The Authority may authorise the entry upon any land and the exercise of such other powers as may be necessary for the purpose of the exercise and performance of its powers and duties under this section.
[28/95]
(7)  In this Part, “traffic sign” includes all signals, warning sign posts, direction posts, signs, lines or other devices for the guidance or direction of persons using roads, but shall not include warning signs or other devices temporarily set up by any Government department to indicate that road work is in progress.
(8)  Any person wilfully and unlawfully damaging, moving, defacing, altering or otherwise interfering with, any traffic sign shall be guilty of an offence, and any police officer or the Registrar or any officer authorised in writing in that behalf by the Registrar on production of his authority may without warrant arrest any person found committing such offence.
(9)  The Authority, with the approval of the Minister, may make rules to prescribe the size, colour and type of traffic signs to be drawn or placed on or near roads.
[28/95]
Duty to comply with traffic directions and traffic signs
120.
—(1)  Where a police officer, an employee of the Authority or a security officer, who is in uniform, is for the time being engaged in the regulation of traffic on a road —
(a)
any person driving or propelling any vehicle shall stop the vehicle or make it proceed in or keep to a particular line of traffic when directed to do so by the police officer, employee of the Authority or security officer (as the case may be) in the execution of his duty; and
(b)
any pedestrian shall comply with any direction given by the police officer, employee of the Authority or security officer (as the case may be) in the execution of his duty, either to pedestrians or to pedestrians and other traffic.
(2)  Where a police officer or a security officer, who is in uniform, is for the time being engaged in the regulation of traffic on a road at any place where there are traffic light signals regulating the movement of traffic, any person driving a vehicle shall comply with the directions given by the police officer or security officer notwithstanding that the traffic light signals indicate otherwise.
(3)  Where any traffic sign, being a sign for regulating the movement of traffic or indicating the route to be followed by traffic, has been lawfully placed on or near any road pursuant to section 119, any person driving or propelling any vehicle shall comply with the indication given by the sign.
(4)  Any person who fails to comply with subsection (1), (2) or (3) shall be guilty of an offence.
(5)  In any proceedings for an offence under subsection (3), in so far as it is necessary to establish the offence charged, it shall be presumed until the contrary is proved that the sign was of the prescribed size, colour and type and that it was lawfully placed under section 119.
Pedestrian crossings
121.
—(1)  Crossings for pedestrians (referred to in this section as crossings) may be established on roads, or on subways constructed under roads, or on bridges constructed over roads, in accordance with this section.
(2)  The Minister may make rules with respect to the precedence of vehicles and pedestrians respectively and generally with respect to the movement of traffic (including pedestrians) at and in the vicinity of crossings.
(3)  Without prejudice to the generality of subsection (2), rules made thereunder may be made prohibiting pedestrian traffic on the carriageway within 100 metres of a crossing, and with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.
(4)  Different rules may be made under this section in relation to different conditions and, in particular, different rules may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and which is not controlled.
(5)  Rules may be made under this section applying only to a particular crossing or particular crossings specified in the rules.
(6)  Any person who contravenes any of the rules made under this section shall be guilty of an offence and shall be liable on conviction —
(a)
if the offence was committed by him in his capacity as the driver of a vehicle, to a fine not exceeding $1,000 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 $2,000 or to imprisonment for a term not exceeding 6 months; and
(b)
in any other case, to a fine not exceeding $100.
Leaving vehicles in positions likely to cause danger, obstruction or undue inconvenience
122.  Except as otherwise provided in section 84(4), if any person in charge of a vehicle causes or permits the vehicle or any trailer drawn thereby to remain at rest on any road in such a position or in such condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, he shall be guilty of an offence.
Removal or immobilisation of abandoned or illegally parked vehicles, etc.
123.
—(1)  Where a vehicle —
(a)
is parked or permitted to stand on any road in contravention of any provision of this Act or in such a manner as to constitute a danger or unreasonable obstruction to traffic or persons using the road; or
(b)
appears to have been abandoned on a road,
an enforcement officer who is in uniform may —
(i)
require the owner, driver or other person in control or in charge of the vehicle to remove the vehicle;
(ii)
remove the vehicle (including any trailer drawn or any load carried thereby) to such place as the enforcement officer thinks fit and detain it thereat; or
(iii)
immobilise the vehicle.
(2)  Where an enforcement officer has removed and detained, or has immobilised, any vehicle under subsection (1), the enforcement officer shall, with all reasonable despatch, notify the owner of the vehicle as to the procedure by which such owner may secure the release of the vehicle.
(3)  The notification under subsection (2) may be given —
(a)
where the vehicle has been removed and detained —
(i)
by posting a notice in writing to the owner of the vehicle at his usual or last known place of residence or business in Singapore; or
(ii)
in such other manner as the enforcement officer thinks expedient; or
(b)
where the vehicle has been immobilised, by affixing a notice onto the windscreen or any other conspicuous part of the vehicle.
(4)  No vehicle which has been removed and detained, or immobilised, under this section shall be released to the owner thereof except —
(a)
by or under the direction of a Magistrate or the Deputy Commissioner of Police or the Registrar; and
(b)
upon the owner of the vehicle having paid the costs of the removal and detention, or the immobilisation, of the vehicle, and such other charges as may be prescribed,
and the vehicle shall remain at the risk of the owner of the vehicle until all such costs and charges have been paid.
(5)  A person shall be guilty of an offence if he —
(a)
without reasonable excuse, fails to remove his vehicle when required to do so by an enforcement officer under subsection (1)(i); or
(b)
without being authorised to do so by a Magistrate or the Deputy Commissioner of Police or the Registrar, removes, attempts to remove or tampers with —
(i)
any notice that has been affixed to a vehicle under subsection (3)(b);
(ii)
any vehicle from the place at which it is being detained under this section; or
(iii)
the immobilisation device that has been fixed to a vehicle under this section.
(6)  Where the owner or driver of a vehicle which has been immobilised under this section does not appear to secure the release of the vehicle within the time stipulated in the notice referred to in subsection (3)(b), an enforcement officer may remove the vehicle (including any trailer drawn or any load carried thereby) to such place as he thinks fit and detain it thereat, and shall give notice to the owner of the vehicle in accordance with subsection (3)(a) as to the procedure by which such owner may secure the release of the vehicle.
(7)  Where any vehicle which has been removed and detained, or immobilised, under this section is not claimed by its owner within 3 months from the date on which it was so removed and detained or immobilised (as the case may be), the Deputy Commissioner of Police or the Registrar may, after giving due notice in the Gazette and after giving not less than one month’s notice in writing to the owner (if the name and address of such owner are known to the Deputy Commissioner of Police or the Registrar), sell the vehicle by public auction or otherwise dispose of the vehicle.
(8)  The proceeds from the sale or disposal of any such vehicle shall be applied in the payment of the costs incurred in carrying out the provisions of this section and such other charges as may be prescribed, and the surplus, if any, shall be paid to the owner of the vehicle or, if not claimed by such owner within 12 months, shall be forfeited to the Government.
(9)  The enforcement officer who removes and detains, or who immobilises, a vehicle under this section, the Deputy Commissioner of Police, the Registrar, the Authority or any person who assists the enforcement officer to remove and detain, or to immobilise, the vehicle shall not be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the enforcement officer, the Deputy Commissioner of Police, the Registrar, the Authority or the person assisting the enforcement officer in the exercise of the powers under this section.
(10)  In this section —
“enforcement officer” means a police officer or an employee of the Authority;
“immobilise”, in relation to a vehicle, means to prevent the removal of the vehicle by fixing to the vehicle a device or appliance which is designed or adapted for the purpose of preventing the removal of the vehicle.
Removal of stationary vehicles from expressways
123A.
—(1)  Without prejudice to section 123, an employee of the Authority or an agent authorised by the Authority may remove any stationary vehicle from an expressway.
[28/2001]
(1A)  Any person who refuses to allow the employee or agent to exercise his power under subsection (1) or who obstructs the exercise of such power by the employee or agent shall be guilty of an offence.
(2)  An employee or authorised agent of the Authority who has removed any vehicle from an expressway under subsection (1) shall take the vehicle to a parking place that is near to that part of the expressway from which the vehicle was removed.
[28/2001]
(3)  A vehicle which has been removed from an expressway and taken to a parking place under this section shall remain at such parking place at the risk of the owner of the vehicle, and such owner shall be responsible for any parking charges incurred in respect of that vehicle while it remains at that parking place.
[28/2001]
(4)  An employee or authorised agent of the Authority who has removed a vehicle from an expressway and taken it to a parking place under this section shall with all reasonable despatch give to the owner of the vehicle (if his name and address are known) notice in writing of the removal and the location of the parking place to which the vehicle has been taken, and shall in such notice inform such owner of the procedure by which he may claim the vehicle.
[28/2001]
(5)  Any person who without the authority of an employee of the Authority removes any vehicle from a parking place to which it has been taken under subsection (2) or otherwise tampers with such vehicle shall be guilty of an offence.
[28/2001]
(6)  Where a vehicle has been removed from an expressway and taken to a parking place under this section, neither the Authority nor any of its employees or authorised agents who effected the removal shall be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Authority or by any of its employees or authorised agents in the exercise of their powers under this section or by any person acting under the direction of any employee or authorised agent of the Authority.
[28/2001]
(7)  The costs and expenses (as determined by the Authority) of removing any vehicle and of taking the vehicle to a parking place under this section shall be borne by the owner of the vehicle and if such costs and expenses are not paid upon demand therefor, they may be recovered from the owner of the vehicle as a debt due to the Authority.
[28/2001]
(8)  If a vehicle is not claimed by its owner within one month of the date on which it was taken to a parking place under subsection (2), the Authority, after giving one month’s notice in the Gazette of its intention to do so, may sell the vehicle by public auction or otherwise dispose of the vehicle.
[28/2001]
(9)  The proceeds, if any, from the sale or disposal of any vehicle under subsection (8) shall be applied in payment of —
(a)
firstly, any charges incurred in carrying out the provisions of this section; and
(b)
secondly, any damage that may have been caused to any property of the Government by any unlawful use of the vehicle,
and the surplus, if any, shall be paid to the owner of the vehicle or, if not claimed by the owner of the vehicle within 12 months after the date of the sale or disposal, shall be forfeited to the Government.
[28/2001]
(10)  The Authority may waive, in whole or in part, the costs and expenses of the removal of a vehicle as referred to in subsection (7).
[28/2001]
(11)  Except as provided in subsection (1), any person who, without the prior authorisation of the Authority, tows any stationary vehicle from a tunnel forming part of an expressway shall be guilty of an offence.
[28/2001]
(12)  In this section —
“expressway” means any road which is prescribed by the Minister by order published in the Gazette to be an expressway for the purposes of this section;
“parking charges” means the charges which are prescribed under section 9 of the Parking Places Act (Cap. 214) as being payable by the owner of a vehicle for the use of any parking place.
[28/2001]
Provisions with respect to stretching of ropes, etc., across roads
124.  Any person who for any purpose places or causes to be placed any rope, wire, chain, tackle or similar apparatus across a road or any part thereof in such a manner as to be likely to cause danger to persons using the road shall, unless he proves that he had a lawful right or excuse to do so and that he had taken all necessary means to give adequate warning of the danger, be guilty of an offence.
Application to vehicles and drivers in the service of Government
125.
—(1)  This Part shall, except as otherwise provided, apply to vehicles and persons in the service of the Government.
(2)  For the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle is used shall be deemed to be the person actually responsible, unless it is shown to the satisfaction of the court that the driver only was responsible.
Goods vehicles not to be used for passengers
126.
—(1)  Any person driving or using any goods vehicle who shall carry any person therein or thereon or cause or permit any person to ride therein or thereon shall be guilty of an offence unless he proves that —
(a)
the person so carried is in the employment of the owner or hirer of the vehicle and is proceeding on his master’s business and is carried in accordance with rules prescribed under section 77(6); or
(b)
the person so carried is a sick or injured person carried in a case of emergency.
(2)  The owner of the goods vehicle shall in all cases also be liable for such act equally with and independently of the person actually driving or using the goods vehicle unless he proves that he had taken every reasonable precaution to prevent the commission of any offence under this section.
(3)  [Deleted by Act 4/2006 wef 27/02/2006]
(4)  [Deleted by Act 4/2006 wef 27/02/2006]
(5)  Any person who while being carried on or being permitted to ride on a goods vehicle —
(a)
fails to sit on a seat in or at any place on the vehicle as directed by the driver or other person in charge of the vehicle; or
(b)
fails to comply with such directions as are given by the driver or other person in charge of the vehicle regarding his personal safety,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
Power of arrest, stopping and detention
127.
—(1)  A police officer in uniform may stop and arrest any person, not being the driver of a motor vehicle, who within his view commits an offence under this Act.
(2)  Such person shall not be arrested if he satisfies the police officer as to his name and residence in Singapore and that he does not intend to abscond.
(3)  A police officer may detain any bicycle or tricycle in respect of which an offence has been committed within his view.
(4)  A police officer in uniform may stop any motor vehicle the driver of which has committed or is suspected of having committed an offence under this Act.
(5)  Any person driving a motor vehicle shall stop the motor vehicle on being so required by a police officer in uniform, and if he fails to do so he shall be guilty of an offence.
(6)  A police officer in uniform may, except as hereinafter provided, arrest without warrant any person in charge of or driving a motor vehicle who has committed or is suspected of having committed an offence under this Act.
(7)  The power of arrest under subsection (6) shall not be exercised if either —
(a)
such person on the demand of the police officer produces his driving licence 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; or
(b)
such person, not being a paid driver or the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods, gives the police officer his name and his address within Singapore.
(8)  If the police officer has reason to suspect that a name or address so ascertained or given is false, he may, notwithstanding anything to the contrary in subsection (7), exercise the power of arrest under subsection (6).
(9)  The Registrar or any officer authorised in writing by the Registrar in that behalf on production of such authority or any police officer may stop any vehicle other than a motor vehicle, and any police officer in uniform may stop any motor vehicle, for the purpose of examining the licence of any such vehicle.
(10)  Any person driving a vehicle shall stop the vehicle on being so required by the Registrar or any such officer under subsection (9), and if he fails to do so he shall be guilty of an offence.
(11)  Any police officer in uniform may, when exercising any of the powers conferred by subsection (4), (6) or (9), require any person, who appears to him to be or to have been a passenger in the motor vehicle in relation to which he is exercising those powers, to furnish to him his name and address.
(12)  When any such person as is referred to in subsection (11) refuses on the demand of the police officer in uniform to give his name and address, he may be arrested by the police officer in order that his name and address may be ascertained, and he shall, within 24 hours from the arrest, be taken before a Magistrate’s Court, unless before that time his name and address are ascertained, in which case such person shall be immediately released on his executing a bond with or without sureties for his appearance before a Magistrate’s Court, if so required.
(13)  When any person is taken before a Magistrate’s Court under subsection (12), the Court shall require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court, if so required.
Power to require evidence of identity in certain cases
127A.
—(1)  If any person commits a prescribed offence in the view of the Registrar or an authorised officer, the Registrar or authorised officer may require such person to furnish evidence of his identity and such person shall thereupon furnish such evidence of his identity as may be required by the Registrar or authorised officer.
[1/2003]
(2)  Any person who —
(a)
refuses to furnish any evidence of identity required of him by the Registrar or an authorised officer under subsection (1); or
(b)
wilfully furnishes to the Registrar or authorised officer any information that is false,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
[1/2003]
(3)  If any person refuses to furnish any evidence of his identity when required to do so under this section or if the Registrar or an authorised officer has reason to believe that any information furnished by such person is false, the Registrar or authorised officer may without warrant arrest such person.
[1/2003]
(4)  No person arrested under subsection (3) shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.
[1/2003]
(5)  In this section —
“authorised officer” means any employee of the Authority or any other person who is duly authorised by the Registrar in writing to exercise the powers conferred on an authorised officer under this section;
“prescribed offence” means any offence under this Act or the rules which is prescribed by the Minister as an offence to which this section applies.
[1/2003]
(6)  For the purpose of this section, the Registrar may, with the written approval of the Minister, authorise any employee of any omnibus operator to exercise the powers of an authorised officer under this section in respect of any prescribed offence that is committed within a bus interchange or on an omnibus.
[1/2003]
Powers of search on omnibuses and within bus interchanges
127B.
—(1)  For the purpose of ensuring the security or safety of persons on any omnibus or within any bus interchange, a public transport official may, without giving any reason, require any person on the omnibus or within the bus interchange to allow the public transport official to inspect and search any baggage or other thing carried by the person or apparently in the immediate control of the person.
(2)  Any person upon whom a request is made pursuant to subsection (1) shall permit the baggage or thing to be inspected and searched.
(3)  Without prejudice to subsection (4), the public transport official may require any person who refuses to permit any baggage or thing carried by the person or apparently in the immediate control of the person to be inspected and searched to leave the omnibus or bus interchange with the baggage or thing, and that person shall do so within a reasonable time.
(4)  Any person who contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(5)  In this section, “public transport official” means —
(a)
any officer or employee of the Authority;
(b)
any member of any auxiliary police force in uniform;
(c)
any employee of the bus service operator or bus interchange operator; or
(d)
any security officer (within the meaning of the Private Security Industry Act (Cap. 250A)) engaged by the bus service operator or bus interchange operator,
who is authorised by the Authority in writing to exercise the power to search under this section at or in relation to any omnibus or bus interchange specified in that written authorisation.
Police officer not in uniform to produce identification card
128.
—(1)  Every police officer when acting against any person under this Act shall, if not in uniform, on demand declare his office and produce to the person against whom he is acting such identification card as the Commissioner of Police may direct to be carried by police officers.
(2)  It shall not be an offence for any person to refuse to comply with any request, demand or order made by any police officer not in uniform who fails to declare his office and produce his identification card on demand being made by such person.
PART VII
MISCELLANEOUS PROVISIONS
False statements, forging of licences, etc.
129.
—(1)  If any person —
(a)
in relation to an application made under this Act for registration or the cancellation of the registration of a vehicle, the grant of any approval, permit or licence to himself or any other person, or for the purpose of preventing the grant or variation of any approval, permit or licence or of procuring the imposition of any condition or limitation in relation to any approval, permit or licence, makes or causes to be made any statement or declaration which is false or in any material respect misleading;
(b)
furnishes or causes to be furnished any particulars in connection with a change of the registration of any vehicle which to his knowledge are false or in any material respect misleading; or
(c)
makes or causes to be made any entry in a record, register or other document required to be kept under this Act which to his knowledge is false or in any material respect misleading,
he 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 12 months or to both.
[45/99; 1/2003]
(2)  If any person —
(a)
forges or alters or defaces or mutilates or uses or lends to, or allows to be used by, any other person, any mark, plate or document which is required under this Act to be carried on a vehicle or trailer, or any licence issued under this Act;
(b)
makes or has in his possession any mark, plate or document so closely resembling a licence or any mark, plate or document as aforesaid as to be calculated to deceive;
(c)
alters any entry made in a record, register or other document kept under this Act;
(d)
exhibits upon any vehicle or trailer any licence or identification mark, plate or document which has been forged, altered, defaced, mutilated or added to or any colourable imitation of a licence, mark, plate or document which is required under this Act to be carried on a vehicle or trailer;
(e)
transfers or affixes to any vehicle or trailer for which it was not issued any licence, identification mark, plate or document which is required under this Act to be carried on a vehicle or trailer; or
(f)
uses any forged, altered, defaced or mutilated driving licence or any driving licence to which any addition not authorised by this Act has been made,
he shall, unless he establishes to the satisfaction of the court that he acted without intent to deceive, be guilty of an offence and shall be liable on conviction to be punished as follows:
(i)
in the case of a person who is convicted for the first time of an offence under subsection (2)(a) or (d) in connection with the alteration of a supplementary licence issued under section 11A, with a fine not exceeding $10,000;
(ii)
in the case of a person who is convicted of a second or subsequent offence under subsection (2)(a) or (d) in connection with the alteration of a supplementary licence issued under section 11A, with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; and
(iii)
in any other case, with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 12 months or with both.
[45/99; 1/2003]
(3)  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]
(4)  Subsection (2) shall, with the necessary modifications, apply in relation to a document evidencing the appointment of an officer for the purposes of this Act as it applies in relation to a licence.
(5)  If any police officer or the Registrar or officer authorised by the Registrar in writing has reasonable cause to believe that a document carried on a motor vehicle or any licence or record or other document produced to him in pursuance of the provisions of this Act is a document in relation to which an offence under this section has been committed, he may seize the document.
(6)  When any document is seized under this section, the driver or the owner of the vehicle shall, if the document is still detained and neither of them has previously been charged with an offence under this section, be summoned before a District Court or Magistrate’s Court to account for his possession of or the presence on the vehicle of the document.
(7)  The District Court or Magistrate’s Court shall make such order respecting the disposal of the document and award such costs as the justice of the case may require.
(8)  For the purposes of subsections (5), (6) and (7), “document” shall include a plate and the power to seize shall include power to detach from the vehicle.
[7/90]
Presumptions
130.  In any proceedings for an offence under Part V, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved —
(a)
that any conveyance of persons or goods in a motor vehicle was for hire or reward;
(b)
that the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them;
(c)
that a vehicle is not a vehicle in relation to which any licence under Part V has been granted;
(d)
that any person is not the holder of a licence granted under the provisions of Part V in respect of a motor vehicle;
(e)
that any person is the owner of a motor vehicle; and
(f)
that any person is the holder of a licence granted under Part V.
Offences and penalties
131.
—(1)  A person who without lawful excuse —
(a)
refuses or neglects to do anything he is by this Act required to do;
(b)
fails to comply with the requirements of any notice served on him under this Act; or
(c)
acts in contravention of any provision of this Act,
shall be guilty of an offence.
[28/2001]
(2)  Any person who, under this section or any other provision of this Act, is guilty of an offence shall be liable on conviction, where no special penalty is provided —
(a)
in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months; and
(b)
in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months.
[28/2001]
(3)  [Deleted by Act 24/2010 wef 01/11/2010]
Service of summonses and other documents
131A.
—(1)  Every summons issued for an offence under this Act, and every notice, order or other document required or authorised to be given or served under this Act may be served on any person —
(a)
by delivering it to the person or to some adult member or employee of his family at his usual or last known place of residence or any address furnished by him;
(b)
by leaving it at the usual or last known place of residence or place of business of the person in a cover addressed to him or any address furnished by him;
(c)
by sending it by normal post or registered post in a prepaid letter addressed to the person at his usual or last known place of residence or business or any address furnished by him; or
(d)
in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of such notice in the Gazette.
[28/2001]
(2)  Where any summons, notice, order or document is served on any person by registered post, it shall be deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and in proving service of the same it shall be sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post.
[28/2001]
(3)  All notices, orders and other documents which the Registrar is empowered to give by this Act may be given by any officer duly authorised by the Registrar.
[28/2001]
(4)  Subsection (1) shall not apply to any summons in connection with any offence punishable with imprisonment and such summons shall be served in the manner prescribed by the Criminal Procedure Code (Cap. 68) for the service of summonses under that Code.
Offences by bodies corporate, etc.
131B.
—(1)  Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any act or default on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any act or default on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any act or default on the part of such an officer or a member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6)  In this section —
“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act (Cap. 163A);
“officer”  —
(a)
in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(7)  The appropriate Minister may make rules to provide for the application of any provision of this section, with such modifications as the appropriate Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.
Ticketing of prescribed offences
132.
—(1)  Where it appears to a police officer or an employee of the Authority authorised in that behalf that any person has committed or is guilty of any prescribed offence to which this section applies, he may serve a prescribed notice on such person, offering such person the opportunity of the discharge of any liability to the conviction of that offence by the payment of a fixed penalty prescribed for that offence under this section.
[28/95]
(2)  No person shall be liable to be convicted of an offence mentioned in subsection (1) if the fixed penalty is paid in accordance with this section before the expiration of 14 days following the date of the notice or such longer period (if any) as may be specified therein.
(3)  A notice under subsection (1) may be addressed to the owner or driver of the motor vehicle without stating his name or address and may be served personally or by affixing it to the motor vehicle.
(4)  A notice affixed to a motor vehicle under subsection (3) shall not be removed or interfered with except by or under the authority of the owner or driver liable for the offence in question; and any person contravening this subsection shall be guilty of an offence.
(5)  Payment of a fixed penalty under this section shall be made at the police station or office specified in the notice.
(6)  Where the amount of any fixed penalty for an alleged offence is paid pursuant to this section, no person shall be liable for any further proceedings for the alleged offence.
(7)  The appropriate Minister may make rules —
(a)
to prescribe the offences to which this section shall apply;
(b)
to prescribe the amount of penalty payable under this section for any prescribed offence;
(c)
to prescribe different amounts of penalties for different prescribed offences or for the same offence having regard to the circumstances thereof; and
(d)
to make provision as to any matter incidental to the operation of this section.
[5/98]
(8)  This section is supplemental to and not in derogation of any other provisions of this Act.
Traffic ticket notice
133.
—(1)  Where a police officer or an employee of the Authority authorised in that behalf has reasonable grounds for believing that a person has committed an offence under this Act, he may, in lieu of applying to a court for a summons, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the hour and on the date specified in the notice.
[28/95]
(2)  A duplicate of the notice shall be prepared by the police officer and, if so required by a court, produced to the court.
(3)  The notice may be served on the person alleged to have committed the offence in the manner provided by section 131A.
[28/2001]
(4)  On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and shall proceed as though he were produced before it in pursuance of section 153 of the Criminal Procedure Code 2010.
(5)  If a person, upon whom such a notice has been served as aforesaid, fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless in the case of an offence which may be compounded that person has before that date been permitted to compound the offence.
(6)  Upon a person arrested in pursuance of a warrant issued under subsection (5) being produced before it, a court shall —
(a)
proceed as though he were produced before it under section 153 of the Criminal Procedure Code 2010; and
(b)
at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him,
and if cause is not shown may order him to pay such fine not exceeding $2,000 as the court thinks fit or may commit him to prison for a term not exceeding 2 months.
(7)  A police officer not below the rank of sergeant or an employee of the Authority specially authorised by name in that behalf by the appropriate Minister by notification in the Gazette may, at any time before the date specified in the notice, cancel the notice.
[7/90; 28/95; 5/98]
Minister may prescribe forms of notices
134.  The appropriate Minister may prescribe such forms of notices as he may think fit for the purposes of sections 132 and 133.
[5/98]
Composition of offences
135.
—(1)  The Deputy Commissioner of Police, any police officer not below the rank of sergeant specially authorised by name in that behalf by the Deputy Commissioner of Police by notification in the Gazette or any employee of the Authority specially authorised by name in that behalf by the Minister for Transport by notification in the Gazette may, in his discretion and subject to such conditions as may be prescribed, compound any such offence under this Act as may be prescribed as an offence which may be compounded by the Deputy Commissioner of Police or such police officer or employee of the Authority by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500.
[28/95; 11/96; 5/98; 1/2003]
(2)  The appropriate Minister may make rules to prescribe the offences which may be compounded under this section and the conditions subject to which, and the method and procedure by which, such offences may be compounded.
[5/98]
Payment for licences by cheque
136.
—(1)  The Registrar may, if he thinks fit and subject to the provisions of this Act, grant any licence upon receipt of a cheque for the amount of the fee payable thereon.
(2)  Where a licence is granted under subsection (1) to any person and the cheque is subsequently dishonoured, the licence shall be void as from the date when it was granted and the Registrar shall send to that person by a registered letter addressed to him to the address given by him when applying for the licence a notice requiring him to deliver up the licence to the Registrar within a period of 7 days from the date that the notice was posted.
(3)  If the person fails to comply with the request within the period under subsection (2), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and if the licence is in respect of a motor vehicle the Registrar may on the expiry of the 7 days proceed under section 15.
Moneys received under this Act
137.  Except as otherwise provided in the Land Transport Authority of Singapore Act (Cap. 158A), all moneys received by the Deputy Commissioner of Police and by the Registrar under this Act shall be paid into the Consolidated Fund.
[28/95]
Registrar and Deputy Commissioner of Police to be informed of convictions
138.  When during any proceedings leading to the conviction of any person for any criminal offence it comes to the knowledge of the court recording the conviction that the person (whether or not that person is in possession of any licence issued under this Act) is or has been or has acted as the owner, driver or conductor of a public service vehicle, the court shall, if in its opinion the fact of the conviction affects the suitability or otherwise of the person convicted to hold or receive a licence under this Act, immediately send particulars of the conviction and of any sentence passed thereon to the Registrar and the Deputy Commissioner of Police.
Provisions as to evidence
139.
—(1)  An extract of the records maintained under rules made under section 34(1)(g) certified under the hand of the Registrar, or a licence issued by the Registrar in respect of any vehicle shall be prima facie evidence of the registration of the vehicle or of the fact that the vehicle was licensed for the period specified in the licence, as the case may be.
(2)  When in any proceedings for an offence under this Act it is necessary to prove —
(a)
that a vehicle was, or was not, registered in the name of any person;
(b)
that any person was, or was not, the registered owner of a vehicle; or
(c)
that any person was, or was not, the holder of a licence granted under this Act,
a certificate purporting to be signed by the Registrar or the Deputy Commissioner of Police, as the case may be, and certifying the matters aforesaid shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in the certificate, without proof of the signature of the Registrar or the Deputy Commissioner of Police, as the case may be, to the certificate.
(3)  When in any proceedings for an offence under this Act any question arises as to whether a vehicle does, or does not, comply with any of the provisions of this Act relating to the construction, equipment or conditions of use of the vehicle, or to any identification mark or sign carried by or fixed on it or the seal of such mark or sign, or to any marking on it, a certificate from an officer of the Registrar’s office that he has examined the vehicle and the result of the examination shall be admissible in evidence, and shall be sufficient prima facie evidence of any fact or opinion stated therein relating to the construction, equipment or conditions of use of the vehicle, or to any identification mark or sign carried by or fixed on it or the seal of such mark or sign, or to any marking on it.
(4)  The officer may not be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be credible, or unless for any reason the court considers cross-examination to be necessary or desirable in the interests of justice.
(5)  In any case in which the prosecution intends to give in evidence any such certificate, there shall be delivered to the defendant a copy thereof not less than 10 clear days before the commencement of the trial.
(6)  When in any proceedings it is necessary to prove the weight unladen or laden of any vehicle, or the weight of any load carried on any vehicle, a certificate purporting to be signed by any public officer in charge of the weighbridge or weighing machine on which such vehicle or load was weighed, and certifying the weight of the vehicle or load and that the weighbridge or weighing machine had been examined within the previous 12 months and found to be accurate, shall be accepted by any court as prima facie proof of the facts certified in the certificate.
(7)  When in any proceedings before any court it is necessary to prove that any police officer, public officer or the Registrar or the Deputy Commissioner of Police, as the case may be, has sent or served, or has received or has not received, any badge, document, licence, notice, plate or other thing, a certificate purporting to be signed by the police officer, public officer or the Registrar or the Deputy Commissioner of Police, as the case may be, and certifying the sending, service, reception or non-reception, as the case may be, of the badge, document, licence, notice, plate or thing, shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in the certificate, without proof of the signature of that certificate.
(8)  Where in any proceedings for an offence under this Act relating to the maximum speed at which motor vehicles may be driven it is necessary to prove the speed at which the vehicle has been driven, a certificate, purporting to be signed by a police officer not below the rank of inspector who was in charge of the apparatus, instrument or appliance used to measure, at a distance from such vehicle, the speed at which the vehicle was driven and certifying that the apparatus, instrument or appliance had been examined within the previous 3 months and found to be accurate, shall be accepted by any court as prima facie proof of the facts certified in the certificate.
Authentication of documents
139A.  Where any notice, order or other document required or authorised by this Act to be served on any person requires authentication, the signature of the Deputy Commissioner of Police, the Registrar, a police officer or an employee of the Authority or an official facsimile of such signature appended to such notice, order or document shall be sufficient authentication.
[5/98]
General provisions as to rules
140.
—(1)  The appropriate Minister may make rules —
(a)
for prescribing the language and script in which any traffic sign, notice, record, application, return or other documents shall be written;
(b)
for any purpose for which rules may be made under this Act;
(c)
for prescribing anything which may be prescribed under this Act;
(d)
generally for the purpose of carrying this Act into effect; and
(e)
for prescribing penalties (not exceeding those provided by section 131) for any breach or failure to comply with any such rules.
(2)  Without prejudice to the generality of subsection (1), the appropriate Minister may make rules with respect to any of the following matters or for any of the following purposes:
(a)
regulating the relative position in the roadway of traffic of differing speeds or types;
(b)
prescribing the conditions subject to which and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried along roads;
(c)
regulating the loads which may be carried on vehicles and prescribing the manner in which vehicles on or passing along a road shall be loaded and the precautions to be taken for ensuring the safety of the public in connection therewith;
(d)
prescribing the conditions subject to which, and the times at which, articles may be loaded on to or unloaded from vehicles or vehicles of any particular class or description, while on a road;
(e)
prescribing the precedence to be observed as between traffic proceeding in the same direction, or in opposite directions, or when crossing;
(f)
prescribing the conditions subject to which, and the times at which, horses, cattle, sheep and other animals may be led or driven on or along a road;
(g)
prescribing the conditions subject to which vehicles, or vehicles of any particular class or description, may be left unattended on a road;
(h)
prohibiting animals from being left unattended or not under due control on a road;
(i)
restricting the use of vehicles and animals, of sandwichmen and other persons on roads for the purposes of advertisement of such a nature or in such a manner as to be likely to be a source of danger or to cause obstruction to traffic;
(j)
restricting and regulating the use on roads of vehicles engaged in the erection, placing, removal, alteration or repair of lamps, overhead cables or road or street works;
(k)
restricting or prohibiting the washing of vehicles and animals on any road;
(l)
prescribing the lights to be carried on vehicles other than motor vehicles, or on any particular class or description of such vehicles, including the nature of such lights, the position in which they shall be fixed and the period during which they must be lighted;
(m)
prescribing and restricting the number and kind of brakes, bells, horns or other warning instruments to be fitted to vehicles of any particular kind or description;
(n)
prescribing the number of persons who may be carried upon pedal bicycles or pedal tricycles while on any road;
(o)
prescribing the general behaviour of traffic on roads; and
(p)
prescribing the fees, costs and charges that may be imposed for the purposes of this Act, where no provision has already been made therefor in any of the foregoing provisions.
Rules to be presented to Parliament
141.
—(1)  All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
(2)  If a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.
Power to exempt
142.  The appropriate Minister may, from time to time by order and either generally or for any period delimited in such order and subject to such conditions as may in the order be stated, exempt from any provision of this Act any person or class or description of persons or any vehicle or class or description of vehicles.
Designation of Minister of State and Parliamentary Secretary to hear appeals
142A.
—(1)  Where pursuant to any provision of this Act an appeal may be made to the Minister, the appropriate Minister may designate —
(a)
any Minister of State for his Ministry; or
(b)
any Parliamentary Secretary to his Ministry,
to hear and determine such appeal in his place.
(2)  In this section, the references to a Minister of State and a Parliamentary Secretary include, respectively, references to a Senior Minister of State and a Senior Parliamentary Secretary.
Authorisation of security officers to regulate traffic
142B.
—(1)  The Deputy Commissioner of Police or the Authority may, for the purpose of assisting him or it in the regulation of traffic under any provision of this Act, authorise, subject to such restrictions as he or it may impose, such number of security officers as he or it thinks necessary to regulate traffic under that provision.
(2)  Every security officer who is authorised to regulate traffic pursuant to subsection (1) shall, when in uniform and while carrying out his duties in regulating traffic under any provision of this Act, comply with such directions as the Deputy Commissioner of Police or the Authority (as the case may be) may give.
Regulation of traffic in connection with events, etc.
143.
—(1)  Except as otherwise provided by rules made under subsection (11), no person shall conduct any event on any road or part thereof unless he has obtained a permit from the Deputy Commissioner of Police under this section authorising him to use that road or part thereof for the conduct of such event.
(2)  The Deputy Commissioner of Police may, on his own motion, or upon granting a permit referred to in subsection (1), issue police orders to —
(a)
close any road or part thereof to traffic to such extent, for such period and subject to such conditions as may be specified in the order; and
(b)
prescribe —
(i)
the routes, entrances and exits by which vehicles or pedestrians shall approach or leave the venue of an event or any place of assembly or public resort;
(ii)
where and the order in which vehicles shall park at or around the venue of an event or any place of assembly or public resort;
(iii)
one or more parking places upon any land at or around such venue, place of assembly or public resort that is in private ownership, if the owner or occupier of such land consents; and
(iv)
such other matters as may be necessary or incidental to the closure of any road or part thereof under paragraph (a).
(3)  An application for a permit referred to in subsection (1) shall —
(a)
be made to the Deputy Commissioner of Police in such form or manner, and not less than such period before the date of the event, as the Deputy Commissioner of Police may require; and
(b)
be accompanied by such fee (if any) as the Minister may prescribe.
(4)  Upon receiving an application under subsection (3), the Deputy Commissioner of Police may, after consulting the Authority —
(a)
grant the permit applied for —
(i)
in such form and manner as the Deputy Commissioner of Police may determine; and
(ii)
subject to such conditions as the Deputy Commissioner of Police and the Authority may each think fit to impose; or
(b)
refuse to grant the permit.
(5)  The conditions which may be imposed under subsection (4)(a)(ii) include conditions requiring the person to whom the permit is granted, at such person’s own expense —
(a)
to publish, in such form and manner and for such period as the Deputy Commissioner of Police may require, a notice informing the general public or such persons as the Deputy Commissioner of Police thinks fit of —
(i)
the closure of any road or part thereof under subsection (2); and
(ii)
the alternative route or routes, if any, that are available for vehicles or pedestrians;
(b)
to post conspicuously at any part of any road, and for such period as the Deputy Commissioner of Police may require, such notices and signs as the Deputy Commissioner of Police may specify to inform motorists and pedestrians of —
(i)
the closure of any road or part thereof under subsection (2); and
(ii)
the alternative route or routes, if any, that are available for vehicles or pedestrians;
(c)
to place such signs, barriers and barricades at such places and for such period as the Deputy Commissioner of Police may require; and
(d)
to engage a sufficient number of auxiliary police officers or security officers to regulate traffic on any road or at or around the venue of the event to which the permit relates in accordance with such directions as the Deputy Commissioner of Police may give.
(6)  Without prejudice to subsection (5), the Deputy Commissioner of Police may take such measures as he thinks fit to implement any police order issued under subsection (2) and may deploy police officers, auxiliary police officers and security officers to regulate traffic on any road or at or around any venue affected by the police order.
(7)  Any person who contravenes subsection (1) shall be guilty of an offence.
(8)  If the person to whom a permit is granted under this section fails to comply with any condition imposed by the Deputy Commissioner of Police or the Authority (as the case may be) under subsection (4)(a)(ii), that person shall be guilty of an offence, and the Deputy Commissioner of Police may revoke the permit granted to that person.
(9)  If any person neglects or refuses to stop a vehicle or to make it proceed in or keep to a particular line of traffic or neglects or refuses himself to proceed in or keep to a particular line of traffic when directed to do so by a police officer, an auxiliary police officer or a security officer, who is in uniform and who is engaged or deployed to regulate traffic for the purpose of this section, that person shall be guilty of an offence.
(10)  Police orders issued under this section shall be published in the Gazette and may be published in such other manner as the Deputy Commissioner of Police may think fit.
(11)  The Minister may make rules to prescribe the types of event to which subsection (1) does not apply and to make provisions subject to which any road or part thereof may be used for the conduct of any such event.
(12)  In this section, “event” means —
(a)
any sporting event (such as a marathon, a walkathon, a triathlon or a cycling rally); or
(b)
any procession, parade, celebration, ceremony, gathering, activity or event,
that is to be conducted mainly or partly on a road or any part thereof, and includes a competition or trial of speed involving the use of vehicles as referred to in section 116.
Property left in public service vehicles
144.
—(1)  Every driver or conductor of a public service vehicle shall immediately deposit at a place prescribed by the Authority all money or other property left in any public service vehicle of which he is in charge and not claimed by the owner thereof.
(2)  Any driver or conductor who neglects or omits to so deposit all money or other property shall be guilty of an offence.
(3)  The Authority may make rules —
(a)
to prescribe one or more places for the purposes of subsection (1); and
(b)
for the disposal of money or other property deposited under subsection (1).
Savings
145.  The Road Traffic (Amendment) Act 2002 (Act 21 of 2002) shall not affect any driving licence which was granted or renewed before 16th December 2002 and which, on that date remains in force, and the relevant provisions of this Act in force immediately before 16th December 2002 shall continue to apply to such a driving licence until its expiration, as if the Road Traffic (Amendment) Act 2002 had not been enacted.
[21/2002]
FIRST SCHEDULE
Specified Acts
SECOND SCHEDULE
Classification and Descriptions of Public Service Vehicles
1.  The classification and descriptions of public service vehicles for the purpose of this Act shall be as follows:
First column
Second column
Class of Public Service Vehicles
Description
(a)
Excursion buses
Buses which are used on unscheduled services and in which passengers are charged separate and distinct fares.
(b)
Omnibuses
Buses which are used on scheduled services and in which passengers are charged separate and distinct fares.
(c)
Private buses
Buses owned by any person and used exclusively for the conveyance of the employees of the owner of such buses or for the conveyance of persons in connection with his business, any charges made for the conveyance of such persons being such that no profit results therefrom.
(d)
Private hire buses
Buses which do not ply for hire on any road but are hired under a contract, express or implied, for the use of each such vehicle as a whole.
(e)
Private hire cars
Motor cars which do not ply for hire on any road but are hired under a contract, express or implied, for the use of each such vehicle as a whole.
(f)
School buses
Buses used for carrying children to and from schools and hired under a contract, express or implied, at a fixed or agreed rate or sum.
(g)
Taxis
Motor cars having a seating capacity for not more than 8 persons (including the driver), which ply for hire on any road and are hired under a contract, express or implied, for the use of each such vehicle as a whole or for the use of 2 or more persons who pay separate fares.
(h)
Trishaws
Three-wheeled pedal cycles constructed or adapted for the carriage of passengers.
2.  In this Schedule, “bus” means a public service vehicle of a design approved by the Registrar and having a seating capacity for not less than 9 persons (excluding the driver).
[28/2001]
THIRD SCHEDULE
Section 83
Specified offences
1.
Section 11A.
2.
Any offence in contravention of any of the provisions of Part IA or the rules made under section 34D.
3.
Any offence of parking a motor vehicle or of causing or permitting a motor vehicle to stand, wait or be parked in contravention of any rules made under this Act or any offence under section 122.
4.
Rule 26A of the Road Traffic Rules (R 20).
5.
Rule 8 of the Road Traffic (Traffic Signs) Rules (R 33).

LEGISLATIVE HISTORY

Road Traffic Act
This Legislative History is provided for the convenience of users of the Road Traffic Act. It is not part of this Act.
1.  
Ordinance 26 of 1961—Road Traffic Ordinance 1961
Date of First Reading
:
24 May 1961
(Bill No. 143/61 published on 2 June 1961)
Date of Second and Third Readings
:
14 June 1961
Date of commencement
:
1 January 1963
(sections 13 to 21) (S 410/62)
2.  
Ordinance 26 of 1961—Road Traffic Ordinance 1961
Date of First Reading
:
24 May 1961
(Bill No. 143/61 published on 2 June 1961)
Date of Second and Third Readings
:
14 June 1961
Date of commencement
:
23 November 1963
(sections 1 to 12, 22 to 78 and 80 to 90) (Sp. No. S 41/63)
3.  
Ordinance 22 of 1966—Road Traffic (Amendment) Act 1966
Date of First Reading
:
23 February 1966
(Bill No. 11/66 published on 3 March 1966)
Date of Second and Third Readings
:
22 June 1966
Date of commencement
:
8 July 1966
4.  
Act 36 of 1966—Road Traffic (Amendment No. 2) Act 1966
(Consequential amendments made by)
Date of First Reading
:
17 August 1966
(Bill No. 35/66 published on 17 August 1966)
Date of Second and Third Readings
:
26 August 1966
Date of commencement
:
9 September 1966
5.  
Act 42 of 1967—Companies Act 1967
(Consequential amendments made by)
Date of First Reading
:
5 December 1966
(Bill No. 58/66 published on 12 December 1966)
Date of Second Reading
:
21 December 1966
Referred to Select Committee
:
Parl. 11 of 1967 presented to Parliament on 7 December 1967
Date of Third Reading
:
21 December 1967
Date of commencement
:
29 December 1967
6.  
Act 28 of 1968—Road Traffic (Amendment) Act 1968
Date of First Reading
:
31 July 1968
(Bill No. 35/68 published on 5 August 1968)
Date of Second and Third Readings
:
3 December 1968
Date of commencement
:
1 February 1969
(except section 5)
7.  
Act 28 of 1968—Road Traffic (Amendment) Act 1968
Date of First Reading
:
31 July 1968
(Bill No. 35/68 published on 5 August 1968)
Date of Second and Third Readings
:
3 December 1968
Date of commencement
:
1 January 1970
(section 5)
8.  
Act 27 of 1970—Road Traffic (Amendment) Act 1970
Date of First Reading
:
21 May 1970
(Bill No. 21/70 published on 26 May 1970)
Date of Second and Third Readings
:
26 June 1970
Date of commencement
:
1 August 1970
(except section 4)
9.  
Act 6 of 1971—Road Traffic (Amendment) Act 1971
Date of First Reading
:
30 December 1970
(Bill No. 58/70 published on 31 December 1970)
Date of Second and Third Readings
:
11 January 1971
Date of commencement
:
1 March 1971
10.  
1970 Revised Edition—Road Traffic Act (Cap. 92)
Date of operation
:
1 April 1971
11.  
Act 4 of 1973—Road Traffic (Amendment) Act 1973
Date of First Reading
:
22 November 1972
(Bill No. 44/72 published on 25 November 1972)
Date of Second and Third Readings
:
16 February 1973
Date of commencement
:
1 May 1973
12.  
Act 21 of 1973—Statutes of the Republic of Singapore (Miscellaneous Amendments) Act 1973
Date of First Reading
:
7 March 1973
(Bill No. 16/73 published on 9 March 1973)
Date of Second and Third Readings
:
20 March 1973
Date of commencement
:
6 April 1973
13.  
Act 19 of 1974—Road Traffic (Amendment) Act 1974
Date of First Reading
:
28 August 1974
(Bill No. 15/74 published on 2 September 1974)
Date of Second and Third Readings
:
23 October 1974
Date of commencement
:
1 March 1975
14.  
Act 5 of 1976—Road Traffic (Amendment) Act 1976
Date of First Reading
:
1 March 1976
(Bill No. 1/76 published on 5 March 1976)
Date of Second and Third Readings
:
25 March 1976
Date of commencement
:
1 August 1976
15.  
Act 10 of 1977—Road Traffic (Amendment) Act 1977
Date of First Reading
:
2 September 1977
(Bill No. 12/77 published on 7 September 1977)
Date of Second and Third Readings
:
9 November 1977
Date of commencement
:
23 December 1977
16.  
Act 29 of 1979—Road Traffic (Amendment) Act 1979
Date of First Reading
:
7 September 1979
(Bill No. 30/79 published on 11 September 1979)
Date of Second and Third Readings
:
21 September 1979
Date of commencement
:
4 January 1980
17.  
Act 19 of 1980—Road Traffic (Amendment) Act 1980
Date of First Reading
:
26 February 1980
(Bill No. 8/80 published on 29 February 1980)
Date of Second and Third Readings
:
17 March 1980
Date of commencement
:
1 June 1980
18.  
Act 21 of 1981—Road Traffic (Amendment) Act 1981
Date of First Reading
:
21 July 1981
(Bill No. 20/81 published on 24 July 1981)
Date of Second and Third Readings
:
14 August 1981
Date of commencement
:
7 September 1981
19.  
Act 26 of 1981—Road Traffic (Amendment No. 2) Act 1981
Date of First Reading
:
23 October 1981
(Bill No. 26/81 published on 30 October 1981)
Date of Second and Third Readings
:
22 December 1981
Date of commencement
:
29 January 1982
20.  
Act 7 of 1982—Road Traffic (Amendment) Act 1982
Date of First Reading
:
22 December 1981
(Bill No. 33/81 published on 30 December 1981)
Date of Second and Third Readings
:
3 March 1982
Date of commencement
:
16 April 1982
21.  
Act 10 of 1984—Road Traffic (Amendment) Act 1984
Date of First Reading
:
17 January 1984
(Bill No. 3/84 published on 21 January 1984)
Date of Second and Third Readings
:
2 March 1984
Date of commencement
:
27 April 1984
22.  
Act 28 of 1984—Road Traffic (Amendment No. 2) Act 1984
Date of First Reading
:
29 June 1984
(Bill No. 14/84 published on 9 July 1984)
Date of Second and Third Readings
:
24 August 1984
Date of commencement
:
1 October 1984
23.  
Act 7 of 1982—Road Traffic (Amendment) Act 1982
Date of First Reading
:
22 December 1981
(Bill No. 33/81 published on 30 December 1981)
Date of Second and Third Readings
:
3 March 1982
Date of commencement
:
16 April 1984
24.  
Act 10 of 1984—Road Traffic (Amendment) Act 1984
Date of First Reading
:
17 January 1984
(Bill No. 3/84 published on 21 January 1984)
Date of Second and Third Readings
:
2 March 1984
Date of commencement
:
27 April 1984
25.  
Act 28 of 1984—Road Traffic (Amendment No. 2) Act 1984
Date of First Reading
:
29 June 1984
(Bill No. 14/84 published on 9 July 1984)
Date of Second and Third Readings
:
24 August 1984
Date of commencement
:
1 October 1984
26.  
Date of First Reading
:
23 July 1985
(Bill No. 8/85 published on 26 July 1985)
Date of Second and Third Readings
:
30 August 1985
Date of commencement
:
1 October 1985
27.  
Date of operation
:
30 March 1987
28.  
Date of First Reading
:
20 May 1987
(Bill No. 9/87 published on 22 May 1987)
Date of Second and Third Readings
:
28 July 1987
Date of commencement
:
14 August 1987
29.  
Date of First Reading
:
13 March 1989
(Bill No. 21/89 published on 14 March 1989)
Date of Second and Third Readings
:
7 April 1989
Date of commencement
:
17 April 1989
30.  
Date of First Reading
:
26 February 1990
(Bill No. 5/90 published on 27 February 1990)
Date of Second and Third Readings
:
28 March 1990
Date of commencement
:
2 April 1990
31.  
Date of First Reading
:
26 February 1991
(Bill No. 7/91 published on 28 February 1991)
Date of Second and Third Readings
:
22 March 1991
Date of commencement
:
1 April 1991
32.  
Date of First Reading
:
16 November 1992
(Bill No. 37/92 published on 17 November 1992)
Date of Second and Third Readings
:
18 January 1993
Date of commencement
:
15 April 1993
33.  
Date of First Reading
:
30 August 1993
(Bill No. 29/93 published on 31 August 1993)
Date of Second and Third Readings
:
12 October 1993
Date of commencement
:
1 July 1994
34.  
Date of operation
:
15 July 1994
35.  
Date of First Reading
:
23 May 1994
(Bill No. 8/94 published on 24 May 1994)
Date of Second and Third Readings
:
25 July 1994
Date of commencement
:
28 October 1994
36.  
(Consequential amendments made by)
Date of First Reading
:
7 July 1995
(Bill No. 24/95 published on 8 July 1995)
Date of Second and Third Readings
:
7 August 1995
Date of commencement
:
1 September 1995
37.  
Date of First Reading
:
18 January 1996
(Bill No. 3/96 published on 19 January 1996)
Date of Second and Third Readings
:
27 February 1996
Date of commencement
:
10 May 1996
38.  
Date of First Reading
:
11 July 1997
Date of Second and Third Readings
:
25 August 1997
Date of commencement
:
1 October 1997
39.  
Date of operation
:
20 December 1997
40.  
Date of First Reading
:
14 January 1998
(Bill No. 8/98 published on 15 January 1998)
Date of Second and Third Readings
:
19 February 1998
Date of commencement
:
1 April 1998
41.  
Date of First Reading
:
23 November 1998
(Bill No. 50/98 published on 24 November 1998)
Date of Second and Third Readings
:
20 January 1999
Date of commencement
:
1 March 1999
42.  
Date of First Reading
:
11 October 1999
(Bill No. 35/99 published on 12 October 1999)
Date of Second and Third Readings
:
24 November 1999
Date of commencement
:
21 December 1999
43.  
Date of First Reading
:
11 July 2001
(Bill No. 27/2001 published on 12 July 2001)
Date of Second and Third Readings
:
25 July 2001
Date of commencement
:
10 September 2001
44.  
Date of First Reading
:
8 July 2002
(Bill No. 24/2002 published on 9 July 2002)
Date of Second and Third Readings
:
23 July 2002
Date of commencement
:
1 September 2002
(except sections 2, 3 and 9)
45.  
Date of First Reading
:
8 July 2002
(Bill No. 24/2002 published on 9 July 2002)
Date of Second and Third Readings
:
23 July 2002
Date of commencement
:
16 December 2002
(sections 2, 3 and 9)
46.  
Date of First Reading
:
25 November 2002
(Bill No. 45/2002 published on 26 November 2002)
Date of Second and Third Readings
:
25 January 2003
Date of commencement
:
17 March 2003
47.  
Date of operation
:
31 December 2004
48.  
Date of commencement
:
31 December 2004
49.  
Date of First Reading
:
21 November 2005
(Bill No. 42/2005 published on 22 November 2005)
Date of Second and Third Readings
:
17 January 2006
Date of commencement
:
27 February 2006
(except sections 17, 22 and 23)
50.  
Date of First Reading
:
21 November 2005
(Bill No. 42/2005 published on 22 November 2005)
Date of Second and Third Readings
:
17 January 2006
Date of commencement
:
1 April 2006
(sections 17, 22 and 23)
51.  
(Consequential amendments made to Act by)
Date of First Reading
:
21 November 2005
(Bill No. 39/2005 published on 22 November 2005)
Date of Second and Third Readings
:
16 January 2006
Date of commencement
:
23 June 2006
52.  
Date of First Reading
:
8 November 2006
(Bill No. 14/2006 published on 9 November 2006)
Date of Second and Third Readings
:
22 January 2007
Date of commencement
:
1 March 2007
53.  
(Consequential amendments made to Act by)
Date of First Reading
:
9 April 2007
(Bill No. 17/2007 published on 10 April 2007)
Date of Second and Third Readings
:
22 May 2007
Date of commencement
:
1 July 2007
54.  
(Consequential amendments made to Act by)
Date of First Reading
:
17 September 2007
(Bill No. 38/2007 published on 18 September 2007)
Date of Second and Third Readings
:
22 October 2007
Date of commencement
:
1 February 2008
55.  
Date of First Reading
:
16 August 2010
(Bill No. 18/2010 published on 16 August 2010)
Date of Second and Third Readings
:
15 September 2010
Date of commencement
:
1 November 2010
56.  
(Consequential amendments made to Act by)
Date of First Reading
:
26 April 2010
(Bill No. 11/2010 published on 26 April 2010)
Date of Second and Third Readings
:
19 May 2010
Date of commencement
:
2 January 2011
57.  
(Consequential amendments made to Act by)
Date of First Reading
:
18 October 2011
(Bill No. 19/2011 published on 18 October 2011)
Date of Second and Third Readings
:
22 November 2011
Date of commencement
:
1 January 2012
58.  
(Related amendments made to Act by)
Date of First Reading
:
14 February 2012
(Bill No. 3/2012 published on 14 February 2012)
Date of Second and Third Readings
:
9 March 2012
Date of commencement
:
1 September 2012
59.  
Date of First Reading
:
15 October 2012
(Bill No. 35/2012 published on 15 October 2012)
Date of Second and Third Readings
:
16 November 2012
Date of commencement
:
1 January 2013
(except sections 11 to 21)
60.  
Date of First Reading
:
15 October 2012
(Bill No. 35/2012 published on 15 October 2012)
Date of Second and Third Readings
:
16 November 2012
Date of commencement
:
1 June 2013
(sections 11 to 21)

COMPARATIVE TABLE

Road Traffic Act

The following provisions in the 1997 Revised Edition of the Road Traffic Act have been renumbered by the Law Revision Commissioners in this 2004 Revised Edition.

This Comparative Table is provided for the convenience of users. It is not part of the Road Traffic Act.

2004 Ed.
1997 Ed.
5—(1)
5—(1)
(2)
(1A)
(3)
(2)
(4)
(3)
(5)
(4)
(6)
(5)
(7)
(5A)
(8)
(6)
11—(1)
11—(1)
(2)
(1A)
(3)
(2)
(4)
(3)
(5)
(4)
(6)
(4A)
(7)
(5)
(8)
(6)
(9)
(7)
(10)
(8)
19—(1), (2) and (3)
19—(1), (2) and (3)
(4)
(3A)
(4) (Deleted by Act 1/2003)
(5) to (8)
(5) to (8)
23—(1) and (2)
23
28—(1)
28—(1)
(2)
(1A)
(3)
(2)
(4)
(3)
(5)
(4)
(6)
(5)
(7)
(6)
(8)
(6A)
(9)
(6B)
(10)
(7)
(11)
(8)
(12)
(9)
29A—(1) and (2)
29A
35—(1), (2) and (3)
35—(1)
(1A) (Deleted by Act 1/1999)
(4)
(2)
(5)
(3)
(6) and (7)
(4)
(8)
(5)
(9)
(6)
(10)
(7)
(11)
(7A)
(12)
(7B)
(13)
(8)
(14)
(9)
(15)
(10)
(16)
(11)
(17)
(12)
(18)
(13)
(19)
(14)
36—(1) and (2)
36—(1) and (2)
(3) and (4)
(3)
(5)
(3A)
(6)
(4)
(7)
(5)
(8)
(6)
42—(1)
42—(1)
(2)
(1A)
(3)
(2)
(4)
(3)
47C—(1)
47C—(1)
(2)
(1A)
(3)
(1B)
(4)
(2)
(5)
(3)
(6)
(4)
(7)
(5)
(8)
(6)
62—(1)
62—(1)
(2) (Deleted by Act 1/1999)
(2)
(3)
(3)
(4)
(4)
(5)
(5)
(6)
62A
62A—(1)
(2) and (3) (Deleted by Act 21/2002)
64—(1)
64—(1)
(2) and (3)
(2)
(4)
(3)
(5)
(4)
72
71C
72 (Repealed by Act 28/2001)
77—(1), (2) and (3)
77—(1)
(4)
(2)
(8)
(3)
(5)
(4)
(6)
(5)
(7)
(6)
81—(1)
81—(1) (a)
(2)
(b)
(3)
(2)
(4)
(3)
(5)
(4)
(6)
(5)
(7)
(6)
84—(1) to (4)
84—(1) to (4)
(5)
(4A)
(6)
(5)
(7)
(6)
(8)
(7)
(9)
(7A)
(10)
(8)
(11)
(9)
95—(1)
95—(1)
(2)
(1A)
(3)
(1B)
(4)
(1C)
(5)
(2)
(6)
(3)
(7)
(4)
(8)
(5)
(9)
(6)
(10)
(7)
101—(1) and (2)
101—(1) and (2)
(3)
(2A)
(4)
(3)
(5)
(4)
(6)
(5)
(7)
(6)
(8)
(7)
(9)
(8)
118—(1)
118—(1)
(2)
(1A)
(3)
(2)
(4)
(3)
(5)
(3A)
(6)
(4)
(7)
(5)
119—(1) to (4)
119—(1) to (4)
(5)
(4A)
(6)
(5)
(7)
(6)
(8)
(7)
(9)
(8)
127—(1)
127—(1)
(2)