Singapore legislation
Section 37
Section 37
Codes of practice
(1)
The LTA may, with respect to all or any of the matters in subsection (2) —
issue one or more codes of practice applicable to licensees or specified types of licensees;
approve as a code of practice applicable to licensees or specified types of licensees any document prepared by a person other than the LTA if the LTA considers the document suitable for this purpose; or
amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b).
(2)
The matters for the purposes of subsection (1) are —
the conduct of licensees;
the measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;
competition, abuse of a dominant position in the market and fair market conduct in the bus service industry;
for licensed bus operators —
the management and operation of bus services;
the provision of bus services; and
the quality of such aspects of bus services; and
for holders of a bus depot licence or bus interchange licence —
the maintenance or operation of bus depots or bus interchanges and any equipment relating to the premises;
the provision of services and facilities at bus depots or bus interchanges;
the quality of such aspects of those services and facilities; and
the safety and security of persons who use or who are engaged in any work at bus depots or bus interchanges.
(3)
A code of practice may, in particular, specify the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of bus services or the operation of a bus depot or bus interchange (as the case may be) in Singapore.
(4)
If any provision in any code of practice is inconsistent with any provision of this Act, the provision, to the extent of the inconsistency —
is to have effect subject to this Act; or
having regard to this Act, is not to have effect.
(5)
Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must —
give notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to which the code of practice applies;
specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and
ensure that, so long as the code of practice remains in force, copies of that code of practice, and of all amendments to that code of practice, are available for inspection, free of charge, by the licensees to whom the code of practice applies.
(6)
No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, has any force or effect as an approved code of practice until the notice relating to it is published in accordance with subsection (5).
(7)
A code of practice issued or approved under this section does not have legislative effect.
(8)
Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee.
(9)
The LTA may, either generally or for the time that the LTA may specify, waive the application of any, or part of any, code of practice, issued or approved under this section to any licensee.
(10)
Any contravention or failure to comply by a person with a code of practice that applies to the person does not of itself render the person liable to criminal proceedings, but any such contravention or failure may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negative any liability which is in question in those proceedings.