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Suspension or revocation, etc., of licence or class licence

Shared Mobility Enterprises (Control and Licensing) Bill

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Proposed text

—(1) Subject to section 31, if the LTA is satisfied that —(a)a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with —(i)any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence;(ii)any provision of this Act or the Regulations applicable to the licensee or class licensee, contravention of or non‑compliance with which is not an offence under this Act;(iii)any provision of a standard of performance applicable to the licensee or class licensee; or(iv)any direction given to the licensee or class licensee under section 25 or subsection (2)(c), (e) or (g);(b)the licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;(c)the licensee or class licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts;(d)the licensee or class licensee is not providing an adequate and satisfactory shared mobility service;(e)the licensee or class licensee, or an officer of the licensee or class licensee, is convicted of any offence under —(i)this Act or the Regulations; or(ii)section 23B, 28 or 58A of the Active Mobility Act 2017,committed during the term of the licence or class licence, as the case may be;(f)the licence had been obtained by the licensee by fraud or misrepresentation;(g)any part of the periodic licence fee required by section 12 is in arrears; or(h)the public interest of Singapore requires,the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act or disapply the class licence with respect to that class licensee.(2) However, the LTA may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following:(a)censure the licensee or class licensee in writing;(b)modify any condition of the licence;(c)direct the licensee or class licensee —(i)to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); or(ii)to remove, within a period specified in the direction, from all public places vehicles used by the licensee or former licensee or class licensee or former class licensee (as the case may be) in providing shared mobility services when the licence is not in force or the class licence is disapplied;(d)suspend the licence or the application of the class licence (as the case may be) for not more than 6 months;(e)direct the licensee or class licensee to pay, within a period specified in a direction, a financial penalty of such amount as the LTA thinks fit, but not exceeding the maximum specified in subsection (6);(f)direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)to secure compliance by the licensee with any condition attached to the licence;(ii)to secure compliance by the licensee with any standard of performance applicable to the licensee;(iii)for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee;(iv)to meet any cost or expense which the LTA may reasonably incur in moving and disposing of vehicles that were used by a former licensee in providing shared mobility services and are abandoned in public places;(g)order the reduction of the maximum or an increase of the minimum number, or both, of vehicles which the licensee, during the validity period of the licence or any part of that period —(i)may offer or expose undocked for hiring in or at a public place; or(ii)may allow the hiring of which to end in or at a public place undocked,or both.(3) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)any condition attached to the licence; or(b)any standard of performance applicable to the licensee,any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty.(4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final.(5) For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 254(2) or 351(2) (as the case may be) of the Companies Act or section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018).(6) The higher of the following is the maximum financial penalty that a licensee or class licensee may be directed under subsection (2)(e) to pay:(a)$100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;(b)10% of the annual turnover of the licensee’s or class licensee’s business derived from or attributable to providing a shared mobility service, as ascertained from the licensee’s or class licensee’s latest audited accounts.

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