Singapore legislation

Clause 7

of Housing and Development (Amendment) Bill

Clause 7

New sections 27A and 27B

The principal Act is amended by inserting, immediately after section 27, the following sections:“Powers of composition27A.—

(1)

The Board may, in its discretion, compound any offence under any rules made under section 27 which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $400.(2) The Board may, with the approval of the Minister, make rules prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded.(3) All sums of money received for the composition of offences under this section shall be paid into the funds of the Board.Liability of owner of vehicles for parking offences27B.—

(1)

When a parking offence 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 an offence under the rules made under section 27 in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(2) 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 any parking offence no further penalty shall be imposed on or recovered from any other person in relation thereto.(3) Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —

(a)

within 7 days after service on him of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Board the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;

(b)

satisfies the Board that he did not know and could not with reasonable diligence have ascertained such name and address; or

(c)

satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.(4) A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named therein and in respect of the parking offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to such parking offence.(5) A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).(6) 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 owner under any such agreement;

(b)

the person in whose name the vehicle is registered except where the 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. 276], the person to whom the general licence is issued;“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under section 27.”.