Singapore legislation
Section 35
Section 35
Altering personal mobility device, etc., to be non‑compliant
(1)
A person shall be guilty of an offence if —
the person, at any premises or place, alters (whether in the course of repair or otherwise) a personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair belonging to the person or to another person so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non-compliant bicycle or non‑compliant mobility vehicle; and
at the time the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) is altered, the person knows that, or is reckless as to whether or not, the altered personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair is likely to be ridden or driven (as the case may be) on a public path.
(2)
A person who is guilty of an offence under this section shall be liable on conviction —
where the person is an individual —
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or
in any other case —
to a fine not exceeding $40,000; but(ii)where the person is a repeat offender, to a fine not exceeding $80,000.
(3)
In any proceedings for an offence under this section, it is not a defence for the accused to prove that warning notices were displayed in compliance with section 31 on the premises or place at which and when the alteration took place.
(4)
However, in any proceedings for an offence under this section, it is a defence for the accused to prove, on a balance of probabilities, that —
a contract or arrangement has been entered into, or an understanding has been arrived at, for the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair to be exported (whether or not the accused is a party to that contract, arrangement or understanding);
the accused alters the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair in the course of, or for the purpose of, the altered personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) being exported; and
the accused does not offer that non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle (as the case may be) for sale in Singapore and the sale is not a retail sale to another.
(5)
In this section, “alter” includes causing or authorising a person to alter.
(6)
In relation to an offence under subsection (2), “repeat offender” extends to include a person who —
is convicted, or found guilty, of such an offence (called the current offence); and
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 —
the same offence; or
an offence under subsection (2) as in force immediately before 3 April 2020.
(7)
To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871.