Singapore legislation

Section 23B

of Active Mobility Act 2017

Section 23B

Facilitating under-aged riding

Amended by9/20209/20209/20209/20209/2020

(1)

Subject to subsections (3) and (4), a person commits an offence if —

(a)

the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path;

(b)

the person knows that, or is negligent as to whether, both the following circumstances apply:

(i)

the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path;

(ii)

the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and

(c)

the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider.

Amended by9/2020

(2)

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

(a)

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Amended by9/2020

(3)

In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —

(a)

had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or

(b)

had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct.

Amended by9/2020

(4)

In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person —

(a)

intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or

(b)

is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path,but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device.

Amended by9/2020

(5)

To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code 1871.

Amended by9/2020