Singapore legislation

Section 36

of Active Mobility Act 2017

Section 36

Presumptions for this Part

Amended by38/201838/201838/2018

(1)

It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) any personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or a non‑compliant mobility vehicle (as the case may be) if it is proved —

(a)

that the accused had possession of the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair;

(b)

that the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) was not a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle, when the accused acquired possession of it; and

(c)

that at the time or soon after the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) ceased to be in the accused’s possession, the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair is non-compliant.

Amended by38/2018

(2)

If in any proceedings for an offence under this Part it is proved that a person sold, or offered or displayed for sale, more than 4 personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs within a 12‑month period to any other person or persons, it is presumed in the absence of evidence to the contrary that the person was selling personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs (as the case may be) in the course of business during that period.

Amended by38/2018

(3)

However, nothing in subsection (2) precludes a person who sells, or offers or displays for sale, 4 or fewer personal mobility devices, power‑assisted bicycles or bicycles, or mobility scooters or motorised wheelchairs within a 12‑month period to any other person or persons from being found to be selling such devices or bicycles, or such mobility scooters or motorised wheelchairs (as the case may be) in the course of business.

Amended by38/2018