Clause 34

The Registrar may in the circumstances in subsection (2), by a general suspension order served on persons mentioned in subsection (3), direct that every bookable vehicle driver who is an affiliated driver of the same private hire car booking service operator, stop providing, during a blackout period, ride‑sourcing services booked through that private hire car booking service operator.(2) A general suspension order may be made where the Registrar is satisfied that —

one of the affiliated drivers of a private hire car booking service operator has been convicted of a relevant offence in the course of being an affiliated driver of the private hire car booking service operator; and

within a period of 12 months before the commission of the relevant offence in paragraph (a), 2 or more other affiliated drivers of the same private hire car booking service operator have also been convicted of a relevant offence each in the course of being an affiliated driver of that private hire car booking service operator,regardless of any general suspension order earlier served in respect of that same private hire car booking service operator or that a blackout period for any earlier general suspension order is current.(3) A general suspension order relating to a private hire car booking service operator must be given to —

the class comprising every affiliated driver of the same private hire car booking service operator concerned; and

the private hire car booking service operator.(4) A general suspension order may be made under subsection (1) only after giving the private hire car booking service operator concerned a reasonable opportunity to be heard.(5) In determining whether a driver has been convicted of a relevant offence, the Registrar may reckon any offer of composition under section 135 for a relevant offence that is accepted by the driver in relation to that offence as if that driver had been convicted of that relevant offence.(6) However, where a driver has been convicted of a relevant offence, and it is open to the driver to appeal against the conviction (either with the leave of the court or without such leave), the Registrar, in determining whether a driver has been convicted of a relevant offence, must disregard the conviction until —

no further appeal is open to the driver; or

by reason of the expiration of any period for entering an appeal or a notice of appeal, or the refusal of leave to appeal or for any other reason, it ceases to be open for the driver to appeal.(7) A general suspension order that is addressed to a class of persons is sufficiently served if it is published both —

in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the Authority, will be most likely to bring the direction to the attention of the persons who belong to the class; and

on the Authority’s official website.(8) A general suspension order that is served in accordance with subsection (7) takes effect at the beginning of the day after the date on which both paragraphs (a) and (b) of subsection (7) have been complied with.(9) A bookable vehicle driver who —

is an affiliated driver of a private hire car booking service operator;

is in the class of bookable vehicle drivers served with a general suspension order (in accordance with subsection (7)) directing him to stop providing ride‑sourcing services booked through that private hire car booking service operator; and

provides ride‑sourcing services booked through that private hire car booking service operator during the blackout period for that general suspension order,shall be guilty of an offence.(10) It is not a defence in any proceeding for an offence under subsection (2) that the accused holds a vocational licence granted under section 110 authorising him to drive a public service vehicle.Interpretation of sections 110A and 111110B. For the purposes of sections 110A and 111 —“affiliated driver”, for a private hire car booking service operator, means a bookable vehicle driver who has an affiliated driver agreement with the private hire car booking service operator; and it is immaterial whether the driver is an employee or agent of the private hire car booking service operator;“affiliated driver agreement” means an agreement between a bookable vehicle driver and a private hire car booking service operator —

for the private hire car booking service operator to provide a booking service for the driver; and

for the driver to provide a ride‑sourcing service using a stated private hire car through the private hire car booking service operator;“blackout period”, for a general suspension order, means a period after the general suspension order takes effect, of a duration that is fixed and specified by the Registrar in the order, being a period not exceeding one month;“bookable vehicle” means a private hire car other than a private hire car that is hired by the hirer to drive personally and without providing any ride‑sourcing service;“bookable vehicle driver” means a driver of a bookable vehicle;“private hire car booking service operator” means a person who, in the course of business, engages in the following conduct (including conduct outside Singapore, or partly inside and partly outside Singapore):

accepts, or makes provision for the invitation or acceptance of, bookings from people for a ride‑sourcing service; and

communicates the bookings to bookable vehicle drivers to carry out that ride‑sourcing service,but excludes —

a taxi service operator within the meaning of Part VA that is licensed as such under that Part;

a provider of a third‑party taxi booking service within the meaning of the Third‑Party Taxi Booking Service Providers Act 2015 (Act 17 of 2015) and that is registered as such under that Act; and

a person prescribed by rules under section 111 not to be a private hire car booking service operator;“relevant offence” means any of the following offences committed on or after the date of commencement of section 34 of the Road Traffic (Amendment) Act 2017:

an offence under section 101(2) involving any private hire car;

an offence under section 131 for contravening section 110(1)(a) involving any private hire car;

an offence under section 3 of the Motor Vehicles (Third‑Party Risks and Compensation) Act (Cap. 189) involving any private hire car;“ride‑sourcing service” means a service where —

a passenger books transport for a journey within, or partly within, Singapore through a private hire car booking service operator;

the private hire car booking service operator communicates the passenger’s booking to a bookable vehicle driver; and

that driver carries out the transport booked using a bookable vehicle,but does not include a taxi service within the meaning of the Public Transport Council Act (Cap. 259B).”.