Singapore legislation
Section 5
Section 5
Prohibition of vehicles not complying with rules as to construction, etc.
(1)
Subject to the provisions of this Act, it is not 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.
(2)
The Authority may, by notification in the Gazette, authorise, subject to any restrictions and conditions that 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.
(3)
The Authority may at any time revoke, vary or amend a notification made under this section.
(3A)
Subsections (2) and (3) do not apply to or in relation to the use of wholly or substantially autonomous motor vehicles operated with automated vehicle technology.
(4)
Subject to this section, it is not 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)
A person who alters (whether in the course of repair or otherwise) a vehicle or trailer so as to render its condition such that the use of the vehicle or trailer in that condition would be unlawful by virtue of this section, shall be guilty of an offence.
(5A)
It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) a vehicle or trailer as to render its condition such that the use of the vehicle or trailer in that condition would be unlawful by virtue of this section (called in this section non‑compliant) if it is proved —
that the accused had possession of the vehicle or trailer;
that the vehicle or trailer was not non‑compliant when the accused acquired possession of it; and
that at that time or soon after the vehicle or trailer (as the case may be) ceased to be in the accused’s possession, the vehicle or trailer is non‑compliant.
(5B)
In this section, “alter” includes causing or authorising a person to alter, and offering to alter.
(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 (5) or (6) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 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 6 months or to both.
(7AA)
7AA
Despite subsection (7), where the vehicle involved in an offence is a power-assisted bicycle, then a person who is guilty of an offence under subsection (5) or (6) shall be liable on conviction —
where the person is an individual —
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or
in any other case —
to a fine not exceeding $40,000; but(ii)where the person is a repeat offender, to a fine not exceeding $80,000.
(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 (called in this section the detention period) by the Registrar or an authorised officer.
(7B)
Any vehicle or trailer detained pursuant to subsection (7A) must 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 —
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 or her powers under this section; or
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 must, 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 or her intention to do so, sell the vehicle or trailer by public auction or otherwise dispose of the vehicle or trailer in any manner that he or she thinks fit.
(7H)
The proceeds (if any) from the sale or disposal of any such vehicle or trailer under subsection (7G) must be applied —
firstly, in payment of any licence fee which may be due in respect of the vehicle or trailer;
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
thirdly, any damage caused to any property of the Government by the unlawful use of the vehicle or trailer,and the surplus (if any) must 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, is 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)
In any proceedings for an offence under subsection (6) in respect of the sale, supply, offer or alteration of a vehicle or trailer, it is a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that —
a contract or arrangement has been entered into, or an understanding has been arrived at, for the non‑compliant vehicle or trailer to be exported (whether or not the accused is a party to that contract, arrangement or understanding);
the accused sells the non‑compliant vehicle or trailer in the course of, or for the purpose of, the non‑compliant vehicle or trailer being exported; and
the accused does not offer that non‑compliant vehicle or trailer for sale in Singapore and the sale is not a retail sale.
(9)
It is also a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that —
the accused had received from the person to whom the non‑compliant vehicle or trailer was sold, evidence purporting to show that the person does not intend to use the vehicle or trailer on any road; and
it was reasonable to, and the accused did accept, that evidence as correct.
(10)
In this section —
Definition
“authorised officer” means any employee of the Authority who is duly authorised by the Registrar in writing to act under this section;
Definition
“non‑compliant vehicle or trailer” means 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;
Definition
“repeat offender”, for an offence under subsection (5) or (6) involving a power-assisted bicycle read with subsection (7AA), means a person who —
is convicted, or found guilty, of such an offence (called the current offence); and
has been convicted or found guilty (whether before, on or after 3 April 2020) of an offence under subsection (5) or (6) (whether involving a power‑assisted bicycle) on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence.