Singapore legislation
Section 39
Section 39
Suspension or revocation, etc., of licence
(1)
Subject to subsection (3), if the LTA is satisfied that —
the licensee is contravening or not complying with, or has contravened or failed to comply with —
any of the conditions of its licence;
any provision of this Act applicable to the licensee, contravention of or non-compliance with which is not an offence;
any provision of a code of practice applicable to the licensee; or
any direction given to the licensee under section 38 or subsection (2)(d) or (f);
the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensee has made any assignment to, or composition with, its creditors or, if a company, is unable to pay its debts;
for a licensed bus operator, the licensee is not providing an adequate and satisfactory bus service;
for a licensee holding a Class 1 bus service licence, the licensee has not complied with any direction under section 19(3);
the licensee is convicted of any offence under this Act committed during the term of the licence, or any of the following individuals is convicted of an offence under this Act committed during the term of the licence:
any member of the board of directors or committee or board of trustees or other governing body, or the chief executive, of a licensee that is a company, limited liability partnership or other body corporate;
any partner of a licensee that is a partnership or limited liability partnership; or
the public interest or national security of Singapore requires,the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensee under this Act.
(2)
However, the LTA may, in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following:
censure the licensee in writing;
modify any condition of the licence;
require the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, to secure compliance by the licensee with any condition attached to the licence or for the purpose of meeting any financial penalty arising out of any proceedings with a view to regulatory action started or likely to start against the licensee, or both;
direct the licensee to do, or to refrain from doing, anything specified in a direction to rectify a contravention or non‑compliance;
suspend (for not more than 6 months) the licence without any compensation;
direct the licensee to pay, within a period specified in a direction, a financial penalty of an amount that the LTA thinks fit, being —
not more than $100,000 for each contravention or failure to comply with any instrument in subsection (1)(a) that is the subject; or
in any other case, not more than $100,000.
(3)
Before exercising any powers under subsection (1) or (2), the LTA must give written notice to the licensee concerned —
stating that the LTA intends to take regulatory action against the licensee under this section;
specifying the type of action in subsection (1) or (2) the LTA proposes to take, and each instance of non‑compliance that is the subject of the action; and
specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which written representation may be made to the LTA with respect to the proposed action.
(4)
The LTA may, after considering any written representation under subsection (3)(c), decide to take any regulatory action in subsection (2) that the LTA considers appropriate.
(5)
Where the LTA has made any decision under subsection (4) against any licensee, the LTA must serve on the licensee concerned a notice of its decision.
(6)
Subject to section 41, a decision to revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice given under subsection (5), takes effect from the date on which that notice is given, or on any other date specified in the notice.
(7)
The suspension or revocation of any licence, or any direction issued under this section, does not prejudice the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person.
(8)
Where any financial penalty is imposed on a licensee under subsection (2) for contravening or not complying with any condition of its licence, any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with any condition attached to the licence must not be forfeited by the LTA for that contravention except to the extent to pay the financial penalty.
(9)
In any proceedings under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA is to accept the licensee’s or person’s conviction as final and conclusive.
(10)
For the purposes of subsection (1)(c), a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.