In force2020 Revised Edition

Contents

Cross-Border Railways Act 2018 · 2020 Revised Edition · Part 6 · General Provisions for Licences

37. Directions affecting licensees

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(1)

The LTA may give directions to be observed by a licensee for or in respect of the following matters:

(a)

the maintenance and operation of the cross-border railway specified in the licence of the licensee;

(b)

the safety of passengers travelling on or persons who use, or who are engaged in any work on, the cross‑border railway specified in the licence of the licensee;

(c)

the testing and commissioning of the cross‑border railway specified in the licence of the licensee;

(d)

the measures necessary for licensees to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or other public emergency;

(e)

any survey for any improvement or expansion of the cross‑border railway specified in the licence of the licensee;

(f)

any other matters affecting the interests of the public in connection with the services provided by the licensee.

(2)

Subject to subsection (5), any direction given under subsection (1) —

(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3)

Before giving any direction to any licensee under subsection (1), the LTA —

(a)

must give notice to the licensee —

(i)

informing the licensee of the proposed direction and setting out its effect; and

(ii)

specifying the time within which representations may be made by the licensee in connection with the proposed direction,unless the LTA, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and

(b)

must consider any written representation mentioned in paragraph (a)(ii) which is duly made by the licensee.

(4)

Every licensee must comply with every direction given to it by the LTA under this section.

(5)

This section does not authorise the giving of a direction to any licensee to stop —

(a)

providing a cross-border train service on any cross‑border railway; or

(b)

providing network services to the extent that any cross‑border train service must stop.

Terms defined in s 2

cross-border railway
Defined · s 2
“cross-border railway” means a railway which —(a)has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and(b)is constructed under this Act;
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cross-border train service
Defined · s 2
“cross-border train service” means a passenger train service provided using a cross‑border railway, for journeys that are partly in Singapore;
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licence
Defined · s 2
“licence” means —(a)a railway assets operating licence; or(b)a cross-border train service licence;
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licensee
Defined · s 2
“licensee” means the holder of a licence but excludes such a holder when the licence is suspended;
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LTA
Defined · s 2
“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;
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maintenance
Defined · s 2
“maintenance” includes the prevention, detection and rectification of any fault;
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network services
Defined · s 2
“network services”, in relation to a railway, means —(a)the construction, maintenance, realignment and renewal of tracks of the railway;(b)the installation, operation, maintenance and renewal of a railway signalling system, railway communications system and railway control system;(c)the installation, operation, maintenance and renewal of operation control centres;(d)the installation, operation, maintenance and renewal of electrical conductor rails or overhead lines, of any support for electrical conductor rails or overhead lines, and of any electrical substation (including those for traction power or power connections) used or to be used in connection with those rails or lines, and the provision of electrical power by those means;(e)the provision and operation of services for the recovery or repair of trains or other rolling stock in connection with any accident on, or malfunction of, the railway network;(f)the operation of a train being used on a railway network for any purpose comprised in the operation of that network, including for a purpose preparatory or incidental to, or consequential on, using such a train;(g)the provision and operation of services for keeping the track free from, or serviceable despite, obstruction (whether by water, fallen leaves or any other natural or man‑made obstacle) or for removing any such obstruction;(h)the provision, operation, maintenance and renewal of any plan, equipment or machinery used in carrying out any activity specified in paragraphs (a) to (g);(i)the exercise of day-to-day control over train movements over or along any track comprised in the railway network, including the preparation of a timetable for purposes of such control; and(j)for a particular licensee, any other service which consists of, or is comprised in, the provision or operation of the railway network (or of any track or other installations comprised in that network), and which is specified in the licensee’s licence;
Open s 2

Report

Read on from s 38

Part 7

Monitoring Compliance

Read on from Part 7

Part 8

Cross‑Border Railway Administration

Read on from Part 8

Part 9

Safety and Security Matters

Read on from Part 9

Part 10

Miscellaneous

Read on from Part 10

Part 11

Amendments to Other Acts

Read on from Part 11