Singapore legislation
Section 81
Section 81
Duty to give information
(1)
Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the rules, the owner of the motor vehicle, when required by a police officer, an employee of the Authority or an outsourced enforcement officer to do so, must give to the police officer, Authority’s employee or outsourced enforcement officer (as the case may be), within 14 days after being so required, such information as to —
the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and
the driving licence held by that person.
(1A)
An owner of a motor vehicle who fails to give the information required of the owner under subsection (1) is guilty of an offence unless the owner proves, on a balance of probabilities, that the owner did not know and could not with reasonable diligence have ascertained the information required.
(1B)
Where the owner of a motor vehicle who is guilty of an offence under subsection (1A) holds a driving licence, and the driver of the motor vehicle is alleged or suspected to be guilty of an offence specified in Part 1 of the Third Schedule, the owner of the motor vehicle is presumed, until the contrary is proved, to be driving the motor vehicle at the time of the occurrence of the second‑mentioned offence.
(1C)
For the purposes of subsection (1A), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, the owner is not deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under subsection (1) unless the owner also proves, on a balance of probabilities, that —
it had kept a proper and accurate record as required under subsection (8); but(b)the record shows no person having been permitted by the 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 or the rules, any other person who was or should have been in charge of the motor vehicle, when required by a police officer, an employee of the Authority or an outsourced enforcement officer to do so, must give to the police officer, Authority’s employee or outsourced enforcement officer (as the case may be), within 14 days after being so required, any information which the person has power to give, and which may lead to the identification of the driver, and if that person fails to do so, that person is guilty of an offence.
(3)
A person required under subsection (1) or (2) by a police officer, an employee of the Authority or an outsourced enforcement officer to give information commits an offence if —
the person —
provides, or causes or permits to be provided, any information in connection with the requirement, which is false or misleading in a material particular; and
knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or
the person intentionally alters, suppresses or destroys any information which the person is required under subsection (1) or (2) to give, for the purpose of not leading to the identification of the driver.
(3A)
A person commits an offence if the person pretends, or falsely represents (by word or conduct) himself or herself, to be a person who was driving the motor vehicle at or about the time of an alleged offence that is the subject of a requirement made under subsection (1) or (2), knowing that he or she was not the driver of the motor vehicle.
(3B)
A person who is guilty of an offence under subsection (3) or (3A) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)
A police officer, an employee of the Authority or an outsourced enforcement officer may require any information to be furnished under subsection (1) or (2) to be in writing signed by the person required to furnish the information.
(5)
Despite any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or the rules 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)
Despite any other written law to the contrary, any statement made by any person to any police officer, an employee of the Authority or an outsourced enforcement officer —
that a motor vehicle was on a particular occasion being driven by or belonged to that person; or
that it belonged to a firm in which that person also stated that he or she was a partner or to a corporation of which that person stated that he or she was a director, officer or employee,is 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.
(7)
Any person who is guilty of an offence under subsection (1A) or (2) shall be liable on conviction —
to a fine not exceeding $1,000 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(7A)
[Deleted by Act 12 of 2021]
(8)
Where the owner of a vehicle is a company, a partnership or an unincorporated body, it is the duty of such owner to keep (and to that end designate at least one of its responsible officers to ensure keeping) a proper and accurate record of each occasion on which the owner permits any person to drive the motor vehicle, whether or not the person is a director, member, partner, officer, employee or agent of the owner or otherwise, and whether or not the person is permitted to drive the motor vehicle in the course of his or her employment with the owner or otherwise.
(9)
The record required to be kept under subsection (8) —
must contain —
the registration number of the motor vehicle;
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
the date and time, or the period, during which the motor vehicle is allocated to the person for him or her to drive it; and
must be retained by the owner of the motor vehicle for a period of at least 12 months beginning with the date, or with the date of the start of the period, mentioned in paragraph (a)(iii).
(10)
In subsection (8), “responsible officer” means —
for a company, the person for the time being holding the office of chairperson, managing director or company secretary of, or any position analogous to any of those offices in, the company;
for a partnership, any partner of the partnership; or
for an unincorporated body of persons, the person for the time being holding the office of president, secretary or treasurer of the governing body or a committee (or an equivalent body) of, or any position analogous to any of those offices in, the body of persons,and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c) if that office is vacant.