Singapore legislation

Clause 14

of Public Transport Council (Amendment) Bill

Clause 14

New section 23A and new Division 2 of Part V

The principal Act is amended by inserting, immediately after section 23, the following section and Division:“Obtaining information for fare setting or reviews, etc. 23A.—

(1)

In this section, “relevant person” means —

(a)

any licensed bus operator;

(b)

any licensed rapid transit system operator; or

(c)

any taxi industry participant.(2) The Council may by written notice require a relevant person to furnish, within a reasonable period and in such form and manner as may be specified in the notice, such accounts, financial statements or other documents and information —

(a)

which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under section 23B, 24 or 24AA; and

(b)

which are within the knowledge of the relevant person or are in the relevant person’s custody or under the relevant person’s control.(3) The power to require a relevant person to furnish any accounts, financial statements, document or information under subsection (2) includes the power to require the relevant person, or any person who is or was an officer or employee of the relevant person, to provide an explanation of the accounts, financial statements, document or information.(4) Any person who, in furnishing any accounts, financial statements, document or information required under subsection (2) —

(a)

makes a statement which the person knows to be false or misleading in a material particular; or

(b)

recklessly makes a statement which is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(5) Any person who, without reasonable excuse, refuses to furnish any accounts, financial statements, document or information required under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(6) The Council may by written notice require the LTA to furnish or supply to the Council any particulars or information —

(a)

which are obtained by the LTA in the performance of its function under the Bus Services Industry Act 2015; and

(b)

which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under this Part.(7) Despite the provisions of the Land Transport Authority of Singapore Act (Cap. 158A), the LTA must furnish the particulars and information required under subsection (6) within such time as may be agreed to between the Council and the LTA.Division 2 — Taxi fare pricing policyTaxi fare pricing policy orders23B.—

(1)

Subject to subsection (4) and any regulations made under subsection (8), the Council may, by order published in the Gazette (called a taxi fare pricing policy order), set the pricing policy for taxi fares for any taxi service.(2) A taxi fare pricing policy order for a taxi service may set the price-fixing factors for taxi fares in any manner the Council considers appropriate, including —

(a)

fixing the components of taxi fares for the taxi service;

(b)

fixing the pricing policy or principles that are to be applied in relation to the taxi service provided;

(c)

specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting taxi fares or terms and conditions for the taxi service provided;

(d)

fixing the basis on which prices of taxi fares are to be calculated for different taxis, for different types of journeys by taxis, for different passengers or for hiring of taxis in different circumstances;

(e)

fixing a price for components of a taxi fare where a common pricing scheme is permitted and there is no common pricing scheme in effect;

(f)

fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for taxi fares for the taxi service provided, or other price control formula; and

(g)

any other terms the Council considers appropriate.(3) A taxi fare pricing policy order for a taxi service may —

(a)

permit the taxi industry participants, by a common pricing scheme, to vary one or more components of a taxi fare for the taxi service set for that component in the taxi fare pricing policy order; and

(b)

require a taxi industry participant to provide information to other taxi industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information, relating to its prices of and pricing policies for taxi fares for taxi services provided by the taxi industry participant.(4) In making a taxi fare pricing policy order, the Council must consider the following factors:

(a)

the demand and supply of taxi services;

(b)

the standards of quality, reliability and safety of the taxi services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards;

(c)

the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible taxi services;

(d)

such other matters as the Council considers relevant.(5) A taxi fare pricing policy order under subsection (1) takes effect on a date specified in the order, and —

(a)

cannot be varied (except as contemplated by the order); and

(b)

cannot be revoked by the Council without making another taxi fare pricing policy order in replacement.(6) Before the date a taxi fare pricing policy order under subsection (1) comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it.(7) However, failure to comply with subsection (6) in respect of any such order under subsection (1) does not in itself invalidate the order.(8) The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a taxi fare pricing policy order for the purposes of subsection (1).Lodgment of taxi fares and common pricing schemes23C.—

(1)

Within the prescribed period after a taxi fare pricing policy order is made for any taxi service but before it takes effect for the taxi service, every taxi industry participant providing that taxi service must —

(a)

determine the prices of taxi fares for that taxi service if no prices are set by that order; and

(b)

lodge with the Council those prices determined, together with any supporting information the Council may require.(2) Where a taxi fare pricing policy order for a taxi service permits a common pricing scheme to vary one or more components of the taxi fare in the taxi fare pricing policy order, the prescribed taxi industry participants for the common pricing scheme —

(a)

may start collective negotiations among themselves to determine the common prices of those components of taxi fares to be charged, or to vary those common prices, and the period during which those prices will apply; and

(b)

must lodge with the Council the common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require.(3) The common prices last lodged with the Council under subsection (2)(b) for any component of a taxi fare for taxi services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the taxi fare pricing policy order for that component for those taxi services (even though not agreed to by all the prescribed taxi industry participants providing those taxi services) until the common pricing scheme is terminated.(4) A group of licensed taxi drivers who drive taxis not owned by a licensed taxi service operator may appoint an association, organisation or a body (whether corporate or unincorporate) recognised by the Council for the purpose of this section to be a bargaining representative to negotiate a common pricing scheme on behalf of the group.(5) To have effect, a common pricing scheme for any component of a taxi fare —

(a)

must be in writing;

(b)

must be agreed to by the taxi industry participants prescribed for that component of the taxi fare;

(c)

must be made after following the procedure (if prescribed) in connection with the preparation and making; and

(d)

must state a process for dispute resolution.(6) A taxi industry participant may be party to more than one common pricing scheme.(7) For the purposes of the Third Schedule to the Competition Act (Cap. 50B), every common pricing scheme permitted by a taxi fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement.“Division 3 Bus fares and train fares”.