Singapore legislation
Clause 87
Clause 87
New Part 2A
(1)
In the Small Motorised Vehicles (Safety) Act, after Part 2, insert —“PART 2AKEEPING OF UNSAFE DEVICESKeeping unsafe device8A.—
A person commits an offence if the person, without reasonable excuse, keeps an unsafe device at any place knowing that, or reckless as to whether, the device is an unsafe device.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —
where the person is an individual —
to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
in any other case —
to a fine not exceeding $4,000; but(ii)where the person is a repeat offender, to a fine not exceeding $10,000.(3) In subsection (2), “repeat offender” means a person who —
is convicted, or found guilty, of an offence under subsection (1) (called the current offence); and
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of the same offence.Presumption of keeping unsafe device8B.—
For the purpose of section 8A —
if there is a registered owner of the unsafe device — the registered owner is presumed, unless the contrary is proved, to be keeping the unsafe device;
if paragraph (a) does not apply and the unsafe device is in the immediate possession of a person — the person is presumed, unless the contrary is proved, to be keeping the unsafe device; and
if paragraphs (a) and (b) do not apply and the unsafe device is found within any premises (other than any excluded premises) — the occupier of the premises is presumed, unless the contrary is proved, to be keeping the unsafe device.(2) In this section —
Definition
“excluded premises” means any common property within the meaning of section 2(1) of the Town Councils Act 1988, any public place within the meaning of section 2(1) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any prescribed premises;
Definition
“registered owner”, in relation to an unsafe device, means —
if the unsafe device is a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;
if the unsafe device is a power‑assisted bicycle — the person who is registered as the owner of the power‑assisted bicycle under the Road Traffic Act 1961 at the relevant time; and
if the unsafe device is a registrable personal mobility device the registration of which under Part 3A of the Active Mobility Act 2017 is cancelled, or a power‑assisted bicycle the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable:
the person who is last recorded in the registrable PMD register as the registered responsible person for that device;
the person who is last recorded as the owner for that power‑assisted bicycle under the Road Traffic Act 1961.”.
(2)
In the Small Motorised Vehicles (Safety) Act, in section 8B(2) (as inserted by subsection (1)), replace the definition of “registered owner” with —“ “registered owner”, in relation to an unsafe device, means —
if the unsafe device is a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;
if the unsafe device is a power‑assisted bicycle — the person who is registered as the owner of the power‑assisted bicycle under the Road Traffic Act 1961 at the relevant time;
if the unsafe device is a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time; and
if the unsafe device is a registrable personal mobility device the registration of which under Part 3A of the Active Mobility Act 2017 is cancelled, a power‑assisted bicycle the registration of which under the Road Traffic Act 1961 is cancelled, or a registrable mobility vehicle the registration of which under Part 3B of the Active Mobility Act 2017 is cancelled — the following person, as applicable:
the person who is last recorded in the registrable PMD register as the registered responsible person for that device;
the person who is last recorded as the owner for that power‑assisted bicycle under the Road Traffic Act 1961;
the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle.”.