In forceAmended2020 Revised Edition

Contents

Active Mobility Act 2017 · 2020 Revised Edition · Part 5 · Administration and Enforcement

46. Power to remove obstructing article, etc., on public path

Amended

Last amended by an amending law of 2018.

(1)

If any article or thing (other than a vehicle) is obstructing the use of, or is causing inconvenience to the exercise of any right by any person under section 12 or 13 on, a public path in contravention of section 28(1), an authorised officer, an outsourced enforcement officer or a public path warden may move that article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience.

(2)

An authorised officer, an outsourced enforcement officer or a public path warden must not exercise a power under subsection (1) unless he or she has —

(a)

taken reasonable steps to inform the owner of the article or thing (if known) of his or her intention to exercise that power; and

(b)

allowed or directed the owner of the article or thing to move it.

(3)

For the purpose of exercising a power under subsection (1), an authorised officer, an outsourced enforcement officer or a public path warden may, with such assistance as he or she considers necessary —

(a)

move the article or thing by any reasonable means (including by towing it) to a holding yard; and

(b)

use reasonable force (including cutting or breaking open any lock, seal, fastener or other device on or connected to the article or thing).

(4)

A person must remove any article or thing where requested to do so by an authorised officer, an outsourced enforcement officer or a public path warden under subsection (2)(b).

(5)

A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(6)

When an article or thing is moved to a holding yard under this section by an authorised officer, an outsourced enforcement officer or a public path warden, the authorised officer, outsourced enforcement officer or public path warden must as soon as practicable give notice of the move to the owner of the article or thing, if known.

Terms defined in s 2

authorised officer
Defined · s 2
“authorised officer”, for any provision of this Act, means an individual who is appointed under section 38 as an authorised officer for the purposes of that provision;
Open s 2
holding yard
Defined · s 2
“holding yard” means a place used under section 52 for the storage of vehicles moved to, surrendered at, detained, seized or forfeited under Division 2 of Part 5;
Open s 2
outsourced enforcement officer
Defined · s 2
“outsourced enforcement officer”, in relation to any provision of this Act or the regulations, means an individual who —(a)is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;(b)is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and(c)is acting within that authorisation;
Open s 2
owner
Defined · s 2
“owner”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means —(a)for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;(aa)for a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time;(b)for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act 1961 at the relevant time;(c)for a registrable personal mobility device the registration of which under Part 3A is cancelled, a registrable mobility vehicle the registration of which under Part 3B is cancelled or a PAB the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable:(i)the person who is last recorded in the registrable PMD register as the registered responsible person for that device;(ia)the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle;(ii)the person who is last recorded as the owner for that PAB under the Road Traffic Act 1961; and(d)for any other vehicle — the person who is —(i)a sole or joint owner of the vehicle;(ii)a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or(iii)for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;
Open s 2
public path
Defined · s 2
“public path” means a path or path‑connected open space declared under section 6 as a public path;
Open s 2
public path warden
Defined · s 2
“public path warden” means an individual who is appointed under section 39 as a public path warden, and includes any authorised officer;
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2

Report

Read on from s 47

Part 6

Miscellaneous

Read on from Part 6