Singapore legislation

Section 23B

of Rapid Transit Systems Act 1995

Section 23B

Obstructing railway premises, etc.

Amended by38/201838/201838/201838/201838/201838/201838/201838/201838/201838/201838/201838/2018

(1)

Subject to subsection (2), a person must not cause or allow any small vehicle, article or thing to remain on —

(a)

any part of the railway premises; or

(b)

any part of a bicycle parking facility or vehicle set down facility adjoining the railway premises,so as to create any obstruction or inconvenience to the passage of the public to, from or within the railway premises.

Amended by38/2018

(2)

Subsection (1) does not apply if the obstruction or inconvenience is authorised or permitted by or under this Act or any other Act, or arises out of a lawful and reasonable use of the railway premises, bicycle parking facility or vehicle set down facility, as the case may be.

Amended by38/2018

(3)

Where an approved person finds on any part of any railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises, any small vehicle, article or thing which has been abandoned, or deposited or left to remain there in contravention of subsection (1), the approved person may move the small vehicle, article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience to other persons on the railway premises.

Amended by38/2018

(4)

Subject to subsection (5), an approved person must not exercise a power under subsection (3) unless the approved person has taken reasonable steps to inform the owner of the small vehicle, article or thing (if known) of the approved person’s intention to exercise that power, and allowed or directed the owner to move the small vehicle, article or thing.

Amended by38/2018

(5)

An approved person may immediately exercise a power under subsection (3) and move a small vehicle, article or thing, or cause it to be so removed, where the small vehicle, article or thing which has been abandoned, or deposited or left to remain in contravention of subsection (1), is causing obstruction or inconvenience to other persons on the railway premises.

Amended by38/2018

(6)

For the purpose of exercising a power under subsection (3), an approved person may, with any assistance that the approved person considers necessary —

(a)

move the small vehicle, article or thing by any reasonable means (including by towing it) to a holding yard and detain it there at the risk of its owner; and

(b)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the small vehicle, article or thing, as the case may be.

Amended by38/2018

(7)

A person must remove any small vehicle, article or thing where directed to do so by an approved person under subsection (4).

Amended by38/2018

(8)

When a small vehicle, article or thing is moved to a holding yard under this section by an approved person, the approved person must as soon as practicable give to the owner of the small vehicle, article or thing (if known) notice of —

(a)

the move;

(b)

the manner by which and the time within which the owner may procure the release of the small vehicle, article or thing, which includes paying to the Authority all expenses incurred by the Authority, the licensee concerned or an approved person in moving and detaining the small vehicle, article or thing; and

(c)

the consequences that may follow under subsection (10) if the small vehicle, article or thing is not claimed within the time specified in the notice.

Amended by38/2018

(9)

Without limiting section 37, a notice required under subsection (8) to be given to the owner of a small vehicle, article or thing may be given —

(a)

by affixing it to the small vehicle, article or thing in respect of which it applies; or

(b)

by posting it conspicuously at or near the part of the railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises from which the small vehicle, article or thing was removed, if the name and address of the owner of the small vehicle, article or thing are unknown or cannot be ascertained despite reasonable diligence.

Amended by38/2018

(10)

If the small vehicle, article or thing is not claimed by its owner within the reasonable time specified in the notice mentioned in subsection (8), the Authority may dispose of the small vehicle, article or thing in any manner that the Authority thinks fit (including selling it).

Amended by38/2018

(11)

A person —

(a)

who contravenes subsection (1) or (7); or

(b)

who, without the authority of an approved person, removes or tampers with any notice required under subsection (8) that has been —

(i)

affixed to any small vehicle, article or thing under subsection (9)(a); or

(ii)

posted at any part of, or at or near the part of, the railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises under subsection (9)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Amended by38/2018

(12)

In this section —

Amended by38/2018

Definition

“approved person”, in relation to any railway premises, means any of the following individuals who is authorised by the Authority in writing to exercise any power under this section at or in relation to those railway premises:

(a)

an officer or employee of the Authority;

(b)

an employee of a licensee;

(c)

an outsourced enforcement officer;

Definition

“small vehicle” means a bicycle, power-assisted bicycle, personal mobility device, mobility scooter or wheelchair.

Amended by38/2018