Singapore legislation

Clause 2

of Parks and Trees (Amendment) Bill

Clause 2

Repeal and re-enactment of section 10B

Section 10B of the Parks and Trees Act 1975 (referred to in this Act as the principal Act) is repealed and the following section substituted therefor:“Parking of vehicles on side-tables and turfed open spaces prohibited10B.—

(1)

No vehicle shall without reasonable excuse be parked on any —

(a)

side-table; or

(b)

turfed open space,maintained by the Commissioner.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(3) When an offence under subsection (1) is committed, the person who at the time of the commission of the offence is the owner of the vehicle in respect of which the offence is committed shall be guilty of the offence in all respects as if he were the actual offender guilty of the offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(4) Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to this offence no further penalty shall be imposed or recovered from any other person in relation thereto.(5) Notwithstanding subsection (3), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —

(a)

within 14 days after service on him of a notice alleging that he has been guilty of such offence, furnishes by statutory declaration to the Commissioner the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or

(b)

satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.(6) A statutory declaration made under subsection (5) if produced in any proceedings against the person named therein in respect of the offence concerned shall be prima facie evidence that such person was in charge of the vehicle at all relevant times relating to such offence.(7) In this section —“owner”, in relation to a vehicle, includes —

(a)

every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under any such agreement;

(b)

the person in whose name the vehicle is registered except where such person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and

(c)

in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act (Cap. 92), the person to whom such general licence is issued;“park” means to bring a vehicle to a stationary position and to cause it to wait for any purpose;“side-table” means any area turfed or otherwise beside a public street.”.