Singapore legislation

Section 32

of Active Mobility Act 2017

Section 32

Advertisements of non‑compliant personal mobility device or mobility vehicle

Amended by38/20189/20209/202038/20189/20209/2020

(1)

Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises or place, must not —

(a)

publish a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement or an uncertified vehicle advertisement at the premises or place; or

(b)

authorise or cause a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement or an uncertified vehicle advertisement to be so published.

Amended by38/20189/2020

(2)

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; but(ii)where the person is a repeat offender, to a fine not exceeding $40,000.

Amended by9/2020

(3)

For the purposes of this section, a person publishes a non‑compliant PMD advertisement, a non-compliant mobility vehicle advertisement or an uncertified vehicle advertisement if the person does any of the following things:

(a)

includes the advertisement in a document (including a leaflet, ticket or brochure) and makes the document available, or distributes the document, to the public or a section of the public at the premises or place mentioned in subsection (1);

(b)

includes the advertisement in a film or video and displays, screens or plays the advertisement so that it can be seen or heard in the premises or at the place mentioned in subsection (1).

Amended by38/20189/2020

(4)

In relation to an offence under subsection (2), “repeat offender” extends to include a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, 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, of —

(i)

the same offence; or

(ii)

an offence under subsection (2) as in force immediately before 3 April 2020.

Amended by9/2020