Singapore legislation
Section 34
Section 34
Selling non‑compliant vehicles for use on public paths
(1)
Subject to this Act, a person shall be guilty of an offence if —
the person sells, at any premises or place and in the course of business, any personal mobility device, PAB or bicycle;
at the time the personal mobility device, PAB or bicycle is sold or offered for sale, the personal mobility device, PAB or bicycle is a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or uncertified vehicle (as the case may be); and
at the time the personal mobility device, PAB or bicycle is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends to ride the personal mobility device, non‑compliant PAB, non‑compliant bicycle or uncertified vehicle on a public path.
(2)
Subject to this Act, a person shall be guilty of an offence if —
the person sells, at any premises or place and in the course of business, any mobility scooter or motorised wheelchair;
at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the mobility scooter or motorised wheelchair (as the case may be) is a non-compliant mobility vehicle or an uncertified vehicle; and
at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends to drive the mobility scooter or motorised wheelchair (as the case may be) on a public path.
(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 sale took place.
(4)
However, it is a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that —
a contract or arrangement has been entered into, or an understanding has been arrived at, for the non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle (as the case may be) to be exported (whether or not the accused is a party to that contract, arrangement or understanding);
the accused sells the non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle in the course of, or for the purpose of, that personal mobility device, mobility scooter, motorised wheelchair, PAB or bicycle (as the case may be) being exported; and
the accused does not offer that non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle (as the case may be) for sale in Singapore and the sale is not a retail sale.
(5)
It is also a defence to any prosecution for an offence under this section, if the accused proves, on a balance of probabilities, that —
the accused had received from the person to whom the non‑compliant personal mobility device, non‑compliant mobility vehicle, non-compliant PAB or non‑compliant bicycle was sold, evidence purporting to show that the person does not intend to ride the personal mobility device, PAB or bicycle or drive the mobility scooter or motorised wheelchair (as the case may be) on any public path; and
it was reasonable to, and the accused did accept, that evidence as correct.
(6)
Subsections (4) and (5) apply in relation to an uncertified vehicle as they apply to a non‑compliant personal mobility device; and any reference in those subsections to a non-compliant personal mobility device includes a reference to an uncertified vehicle.
(7)
Despite subsection (1), a person may in the prescribed circumstances sell, at any premises or place and in the course of business, an excepted non‑compliant vehicle or excepted uncertified vehicle knowing that, or reckless as to whether or not, the buyer intends to ride the excepted non‑compliant vehicle or excepted uncertified vehicle on a public path, provided that the prescribed conditions in relation to that vehicle are complied with.
(8)
A person who, without reasonable excuse, fails to comply with the conditions prescribed for the purposes of subsection (7) and in relation to the excepted non‑compliant vehicle or excepted uncertified vehicle concerned shall be guilty of an offence.
(9)
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.
(10)
In this section —
a reference to an excepted non‑compliant vehicle is a reference to a non‑compliant bicycle, a non‑compliant PAB, a non‑compliant personal mobility device or a non‑compliant mobility vehicle of a prescribed model or description;
reference to an excepted uncertified vehicle is a reference to an uncertified vehicle of a prescribed model or description; and
“sell” includes causing or authorising a person to sell.
(11)
To avoid doubt, this section does not limit the term “abetment” under the Penal Code 1871.
(12)
In relation to an offence under subsection (1), (2) or (8), “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 (1), (1A) or (6) of this Act as in force immediately before 3 April 2020.