Singapore legislation
Clause 34
Clause 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 or non‑compliant bicycle (as the case may be);
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 or non‑compliant bicycle on a public path; and
that buyer does ride the personal mobility device, PAB or bicycle on a public path.
(2)
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.
(3)
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 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 PAB or non‑compliant bicycle in the course of, or for the purpose of, that personal mobility device, PAB or bicycle (as the case may be) being exported; and
the accused does not offer that non‑compliant personal mobility device, non‑compliant PAB or non‑compliant bicycle (as the case may be) for sale in Singapore and the sale is not a retail sale.
(4)
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 PAB or non‑compliant bicycle was sold, evidence purporting to show that the person does not intend to ride the device, PAB or bicycle (as the case may be) on any public path; and
it was reasonable to, and the accused did accept, that evidence as correct.
(5)
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 knowing that, or reckless as to whether or not, the buyer intends to ride the excepted non‑compliant vehicle on a public path, provided that the prescribed conditions in relation to that vehicle are complied with.
(6)
A person who, without reasonable excuse, fails to comply with the conditions prescribed for the purposes of subsection (5) and in relation to the excepted non‑compliant vehicle concerned shall be guilty of an offence.
(7)
A person who is guilty of an offence under this section shall be liable on conviction —
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and
if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(8)
In this section —
a reference to an excepted non‑compliant vehicle is a reference to a non‑compliant bicycle, a non‑compliant PAB or a non‑compliant personal mobility device of a prescribed model or description; and
“sell” includes causing or authorising a person to sell.
(9)
To avoid doubt, this section is without prejudice to the generality of the term “abetment” under the Penal Code (Cap. 224).