Regulation 1
Citation
These Regulations are the Point-to-Point Passenger Transport Industry Regulations 2020.
/akn/sg/act/sub_leg/2019/PPPTIA-RG2
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Quick answer
Point-to-Point Passenger Transport Industry Regulations 2020 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation PPPTIA-RG2 2019, currently marked in force and first recorded in 2019.
Part 1
Citation
These Regulations are the Point-to-Point Passenger Transport Industry Regulations 2020.
Definition
In these Regulations, “licence expiry date”, for a renewed licence, means the date of expiry of the licence if not for its renewal.
Part 2
Declared permissible vehicle as bookable vehicle
A motor car registered in the name of an individual, that is used —
by the individual, a member of the individual’s family, or any other person with the individual’s authority without reward or expectation of reward;
for the carriage of passengers only either for —
social or domestic purposes; or (ii)the individual’s business; and
without involving the participation of anyone in an instructional driving course for reward or expectation of reward,is prescribed as permissible for the purposes of paragraph (c) of the definition of “bookable vehicle” in section 4(1) of the Act.
Vehicle pooling arrangement prescribed as “on‑demand ride booking service”
A vehicle pooling arrangement that meets the description as follows is prescribed for the purposes of paragraph (c) of the definition of “on‑demand ride booking service” in section 4(1) of the Act:
the vehicle pooling arrangement involves only any of the following types of vehicles:
bookable vehicles described in regulation 3;
a public service vehicle which is classified as a taxi under the Second Schedule to the Road Traffic Act 1961;
a private hire car (within the meaning given by the Road Traffic Act 1961) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car;
the vehicle pooling arrangement is for the provision of a passenger transport service for a journey or part of a journey that a driver would be undertaking in any event; (c)the vehicle pooling arrangement involves directly matching —
drivers of such bookable vehicles who make available the booking of their vehicles to provide a passenger transport service for a journey or part of a journey mentioned in sub‑paragraph (b); with(ii)prospective passengers seeking to book a passenger transport service for a journey or part of a journey mentioned in sub‑paragraph (b),and communicating the booking, or facilitating the prospective passenger to communicate his or her booking, to the driver of such a bookable vehicle to provide that passenger transport service;
the passenger transport service provided under the vehicle pooling arrangement is not a result of standing or plying for hire on a road by the driver of the vehicle or any other person;
a payment by a passenger for the passenger transport service is substantially limited to making a contribution to the costs incurred by the driver in making the journey. Example A service called “GrabHitch”.
However, paragraph (1) does not include a vehicle pooling arrangement whereby —
several individuals travel together in a bookable vehicle on a journey on the basis that they will share the transport costs or driving duties or both; or
several individuals agree to transport one another in each other’s motor car in turns over a fixed period, correspondingly apportioning transport costs, for the purpose of commuting to work or to a regular sporting, recreational or other activity of their common interest.
Service prescribed as “on‑demand ride booking service”
For the purposes of paragraph (d) of the definition of “on‑demand ride booking service” in section 4(1) of the Act, a service provided as follows in the course of business is prescribed as an on‑demand ride booking service:
a service that involves matching a prospective passenger, or facilitating a prospective passenger communicating, with a driver who provides a passenger transport service, in order for a booking of that driver to provide a passenger transport service; Example A service called “Call the Driver”.(b)a service provided through an online location or electronic media application, that involves —
drivers of bookable vehicles making available the booking of their bookable vehicles to provide a passenger transport service for a journey offered by the driver; (ii)prospective passengers seeking to book a passenger transport service for a journey or part of a journey mentioned in sub‑paragraph (i); and
communicating the booking by the prospective passenger to the driver to provide that passenger transport service using a bookable vehicle;Example A service called “Driver Initiates”.(c)a service provided through an online location or electronic media application, that involves —
prospective passengers seeking to book a passenger transport service for a journey starting at a location and time fixed by the respective prospective passengers;
drivers of bookable vehicles offering to provide a passenger transport service for a journey starting at the same location and time mentioned in sub‑paragraph (i);
collating the supply of drivers of bookable vehicles and the demand by prospective passengers for passenger transport services using bookable vehicles starting at the same location and time mentioned in sub‑paragraph (i); and
communicating to the adequate number of drivers of bookable vehicles to provide that passenger transport service starting at the same location and time mentioned in sub‑paragraph (i) and requiring them to accept the bookings.Examples1.A service called “Uber Pin”.2.A service called “Waiting Limousine”.
Services prescribed as not “on‑demand ride booking service”
A service provided as follows in the course of business is prescribed, for the purposes of paragraph (d) of the definition of “on‑demand ride booking service” in section 4(1) of the Act, as not an on‑demand ride booking service:
a service provided in the course of carrying on business as a travel agent that is incidental to, and not the main part of, that business;
a hotel concierge service provided in the course of carrying on business as a hotel that is incidental to, and not the main part of, that business;
a communication or technology service that facilitates or enables the taking or communication of bookings if that service is provided for or in connection with a licensee;
administrative services, or the provision of safety management systems or regulatory compliance services, for or in connection with a licensee or an exempt ride‑hail service operator;
a service of aggregating and publishing online offers and bookings of bookable vehicles and by passengers or prospective passengers or both in respect of on‑demand passenger transport services to allow drivers of those vehicles, passengers and prospective passengers to compare and rate offers or bookings, but without matching any of them in connection with the provision of a passenger transport service;Examples1.Google Maps.2.Fully Integrated Commuter Multihoming App.3.The services called “Price List for Drivers” and “Mystro”.(f)a service of aggregating particulars and publishing online information about different public passenger transport services so as to allow viewers to compare and rate the provision of such services for planning of journeys within or partly within Singapore, but without any matching any of the viewers with drivers of bookable vehicles offering to provide a passenger transport service.
Part 3
Time to make licence renewal application
For the purposes of sections 12(2) and 18(2) of the Act, an application to renew a licence must be made not more than the following period before the licence expiry date for that licence:
one year, for a street‑hail service licence;
6 months, for a ride‑hail service licence.
Information required for licence application
For the purposes of sections 12(2)(e) and 18(2)(e) of the Act, an application for or to renew a street‑hail service licence or a ride‑hail service licence must be accompanied by the following information:
the name of the applicant and whether the applicant is a sole proprietor, corporation, partnership or limited liability partnership or an unincorporated association;
in the case where the applicant is a corporation —
its place of incorporation and the particulars of that incorporation; (ii)its substantial shareholders and their shareholdings;
its officers;
its principal business; (v)all the corporations in which the applicant has a substantial shareholding, and the holding company of the applicant, if applicable; and
whether it has issued shares which are listed on a securities exchange established in or outside Singapore;
in the case where the applicant is not a corporation —
its place of formation and the particulars of that formation; (ii)its officers; and
its principal business; (d)for every individual who is the applicant’s officer —
the name and residential address of the individual; (ii)the individual’s qualifications and experience in matters relevant to providing a street‑hail service or ride‑hail service that is the subject of the application; and
the individual’s suitability (having regard to section 13(3) or 19(3) of the Act) to be involved in the management of providing a street‑hail service or ride‑hail service that is the subject of the application;
the person’s or individual’s relevant knowledge, competency and experience in matters connected with providing such a service;
the name, address and contact details of one or more persons in Singapore who is authorised by the applicant to accept on the applicant’s behalf (when a licensee) service of notices and other documents under the Act;
the name, address and contact details of one or more persons in Singapore who is nominated by the applicant as representative of the applicant (when a licensee);
whether the applicant and any person authorised or nominated in sub‑paragraph (f) or (g) is granted a licence or had been granted a licence or is or was an officer of another licensee;
the applicant’s policies, procedures and practices for ensuring the security of personal data collected and used in the course of or for the purpose of providing the street‑hail service or ride‑hail service, as the case may be;
documents and other evidence of the information mentioned in sub‑paragraphs (a), (b), (c), (d), (e), (h) and (i).
For the purposes of paragraph (1)(i), information about the applicant’s policies, procedures and practices mentioned in that provision include —
policies, procedures and practices relating to —
the detection of the occurrence of a notifiable data breach affecting applicable personal data; and
in the event a notifiable data breach affecting applicable personal data is detected — the actions to be taken to manage and minimise the impact of the notifiable data breach, including the process by which the applicant notifies the LTA and the individuals to whom the applicable personal data relates;
the individuals (by name or description) in the applicant’s organisation responsible for implementing the policies, procedures and practices mentioned in sub-paragraph (a); and
the roles and responsibilities of each individual mentioned in sub-paragraph (b).
In paragraph (2) —
“applicable personal data” —
in the case of an applicant for a street-hail service licence — means personal data of any of the following individuals that is collected or used in the course of, or for the purpose of, providing the street-hail service:
a related driver;
a passenger of any taxi driven by a related driver; or
in the case of an applicant for a ride-hail service licence — means personal data of any of the following individuals that is collected or used in the course of, or for the purpose of, providing the ride-hail service:
a participating bookable driver;
a passenger or hirer of a bookable vehicle;
“notifiable data breach” means a data breach within the meaning given by section 26B(1)(a) of the Personal Data Protection Act 2012 that affects applicable personal data.
For the purposes of section 18(2)(e) of the Act, an application for or to renew a ride-hail service licence must additionally be accompanied by information in respect of the applicant’s policies, procedures and practices to respond to any systemic incident affecting the applicant’s provision of the ride-hail service, including information about —
the applicant’s policies, procedures and practices for detecting the occurrence of a systemic incident;
the actions to be taken by the applicant if the applicant establishes that a systemic incident has occurred, including the notification of the LTA and the public;
the individuals (by name or description) in the applicant’s organisation responsible for organising and coordinating the applicant’s response to a systemic incident; and
the roles and responsibilities of each individual mentioned in sub-paragraph (c).
In paragraph (4), “systemic incident”, in relation to an applicant —
means any occurrence, whether due to a natural disaster or phenomenon or to a man-made cause, which impairs the applicant’s provision of a ride-hail service for a period of one hour or more; and
includes any occurrence that adversely affects the applicant’s ability to collect or receive payment for or in relation to the provision of a ride‑hail service.
However, the LTA may in any particular case and if satisfied that it is just and equitable waive any requirement in paragraph (1) or (4).
Classes of ride‑hail service licences
The following are the classes of ride‑hail service licences: (a)a Class 1 ride‑hail service licence, which authorises the licensee granted this licence to provide wholly within Singapore an on‑demand ride booking service, a vehicle pooling arrangement involving only bookable vehicles mentioned in regulation 4(1)(a)(ii) or (iii), and any other ride‑hail services;
a Class 2 ride‑hail service licence, which authorises a licensee deemed granted a ride‑hail service licence by reason of paragraph 1(2) of the Schedule to the Act, to provide in Singapore an on‑demand ride booking service using taxis only; (c)a Class 3 ride‑hail service licence, which authorises the licensee granted this licence to provide wholly within Singapore a passenger transport service by bookable vehicles for hire or reward where passengers are transported under a vehicle pooling arrangement involving only bookable vehicles described in regulation 3;
a Class 4 ride-hail service licence, which authorises the licensee granted this licence to provide, for journeys between Singapore and Malaysia —
an on-demand ride booking service;
a vehicle pooling arrangement involving only bookable vehicles mentioned in regulation 4(1)(a)(ii) or (iii); and
any other ride-hail service involving the transport by a motor vehicle of passengers between Singapore and Malaysia for hire or reward.
Part 4
Application fee
For the purposes of sections 12(2)(b) and 18(2)(b) of the Act, an application fee of $2,500 must accompany every application as follows:
an application for or to renew a street‑hail service licence; (b)an application for or to renew a ride‑hail service licence.
Periodic fee for licence, etc.
For the purposes of sections 14(2) and 20(2) of the Act, the period for which a licensee must pay to the LTA a periodic fee is any of the following periods falling within the validity of the licensee’s street‑hail service licence or ride‑hail service licence, as the case may be:
the period starting the day the licence is granted and ending on (and including) the last day of the licensee’s financial year within which the day the period starts falls;
every subsequent financial year or part of a financial year of the licensee.
For the purposes of sections 14(2) and 20(2) of the Act, the date a licensee must pay to the LTA a periodic fee for a financial year or part of a financial year mentioned in paragraph (1) is —
where an external auditor has, within 6 months after the last date of the financial year in paragraph (1) or part of a financial year in paragraph (1), audited the licensee’s accounts for that financial year or part of a financial year and given the audited accounts to the licensee — any time within one month after the date the audited accounts are so given; (b)where the licence is revoked before the end of the financial year — any time within one month after the last date the licence is in force; or
in any other case — any time within 6 months after the last date of the financial year or part of a financial year, as the case may be.
The periodic fee payable by a licensee for a financial year mentioned in paragraph (1) is —
for a licensee granted a street‑hail service licence — 0.3% of the licensee’s gross revenue accruing in that financial year or part of a financial year from the provision of the street‑hail service authorised by that licence; or (b)for a licensee granted a ride‑hail service licence — 0.6% of the licensee’s gross revenue accruing in that financial year or part of a financial year from the provision of the ride‑hail service authorised by that licence.
However, where only part of a financial year falls within the validity of the licensee’s street‑hail service licence or ride‑hail service licence, the periodic fee payable for that part of a financial year is an amount of the periodic fee payable for the financial year computed on a pro‑rata basis, based on the proportion that the number of whole months of that part of the financial year bears to that whole financial year.
In this regulation, “external auditor”, in relation to a licensee, means —
a company, firm or limited liability partnership approved as an accounting corporation, accounting firm or accounting limited liability partnership, respectively, under the Accountants Act 2004; or
a person, not being an employee of the licensee, who is registered or deemed to be registered as a public accountant under the Accountants Act 2004.
Waiver, refund, etc., of fees
The LTA may in any particular case —
refund, in whole or part, any fee mentioned in these Regulations; or
waive or reduce, in whole or part, any fee mentioned in these Regulations.
Interest on late payments
For the purposes of section 47(1) of the Act, interest on any outstanding amount of any fee or penalty mentioned in that section accrues at the rate of 4.5 percentage points above the 3‑month compounded SORA on the outstanding amount for the period —
starting the first day that fee or penalty or part of it is in arrears; and
ending the day that fee or penalty or part of it in arrears is paid in full to the LTA.
In this regulation —
“3-month compounded SORA”, in relation to a period, means —
for the period or part of the period that falls within the 6‑month period beginning on 1 April of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3‑month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —
on its Internet website at https://www.mas.gov.sg; or
where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:
if 1 March of that calendar year is a business day — that day;
if 1 March of that calendar year is not a business day — the last business day in February of that calendar year; or
for the period or part of the period that falls within the 6-month period beginning on 1 October of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —
on its Internet website at https://www.mas.gov.sg; or
where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:
if 1 September of that calendar year is a business day — that day;
if 1 September of that calendar year is not a business day — the last business day in August of that calendar year;
“bank holiday” means a day declared by the Monetary Authority of Singapore to be a bank holiday under section 60(1) of the Banking Act 1970;
“business day” means any day other than a Saturday, Sunday, public holiday or bank holiday;
“prescribed methodology” means the methodology set out in the document called “Compounded Singapore Overnight Rate Average Index (“SORA Index”), Compounded SORA and MAS Floating Rate Notes (“MAS FRN”): A User Guide” dated 16 March 2021;
“Singapore Overnight Rate Average” or “SORA” means the volume-weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as published by the Monetary Authority of Singapore —
on its Internet website at https://www.mas.gov.sg; or
where the website is unavailable to the public, in any other form that is readily accessible by the public.
Part 5
Change in management of licensee
For the purposes of section 27(1)(a) of the Act, the period within which a licensee that is a corporation, partnership or limited liability partnership or an unincorporated association must notify the LTA of the resignation or removal of any officer of the corporation, partnership, limited liability partnership or unincorporated association is 60 days after the date of resignation or removal, as the case may be.
For the purposes of section 27(1)(b) of the Act, the period within which a licensee that is a corporation, partnership or limited liability partnership or an unincorporated association must notify the LTA of the death of any officer of the corporation, partnership, limited liability partnership or unincorporated association is 60 days after the date the licensee becomes aware of that death.
Accounts and statements
For the purposes of section 28(1)(c) of the Act, the period within which a licensee must give to the LTA duly audited accounts and statements required by section 28(1)(a) of the Act is a period that ends —
on a date that is 180 days after the end of the financial year to which the accounts and statements relate; or
on the date an external auditor of the licensee completes his or her audit report on those accounts and statements,whichever period is shorter.
For the purposes of section 28(1)(d) of the Act, the period for which a licensee must keep and retain records that are relevant to the preparation of the accounts and statements of the licensee required by section 28(1)(a) of the Act is 5 years after the records are created.
For the purposes of section 28(1)(a) of the Act, a licensee must give to the LTA a statement, duly audited by an external auditor of the licensee that —
specifies the gross revenue derived by the licensee in the financial year to which the accounts and statements relate from the provision of a street‑hail service or ride‑hail service, as the case may be; and
provides a breakdown of the items constituting that gross revenue, including items corresponding to —
the gross revenue derived from taxi rentals or commissions collected from the licensee’s related drivers or participating bookable drivers, as the case may be; and
the gross revenue derived from platform fees, booking fees or other fees collected from passengers.
Aspects of service to monitor or evaluate
The aspects of a street-hail service that records required under section 29(1)(a) of the Act must relate to are in Part 1 of the Schedule (called in these Regulations street‑hail service performance indicators).
The aspects of a ride-hail service that records required under section 29(2)(a) of the Act must relate to are in Parts 2, 3 and 4 of the Schedule (called in these Regulations ride‑hail service performance indicators).
Matters about which records must be kept
For the purposes of section 29(1)(a) and (2)(a) of the Act, a licensee must keep a record, for each reporting period beginning on or after 30 October 2020, of the following matters about the street‑hail service or ride‑hail service the licensee is authorised to provide under its street‑hail service licence or ride‑hail service licence, as the case may be:
for a street-hail service — each street‑hail service performance indicator in Part 1 of the Schedule; (b)for a ride-hail service provided under a Class 1 or 2 ride‑hail service licence — each ride‑hail service performance indicator in Part 2 of the Schedule;
for a ride-hail service provided under a Class 3 ride‑hail service licence — each ride-hail service performance indicator in Part 3 of the Schedule;
for a ride-hail service provided under a Class 4 ride-hail service licence — each ride-hail service performance indicator in Part 4 of the Schedule.
In paragraph (1) and regulations 18 and 19, “reporting period” means —
every month starting 1 November 2020, for the following performance indicators:
every street-hail service performance indicator except aspects relating to the name and personal identifying information about related drivers of a street‑hail service licensee;
every ride-hail service performance indicator except aspects relating to the name and personal identifying information about participating bookable drivers of a ride‑hail service licensee; and
every financial year for all other street‑hail service performance indicators or ride‑hail service performance indicators.
Record retention
For the purposes of section 29(1)(a) of the Act, a street‑hail service licensee must —
except where sub-paragraph (b) applies, keep a record of each street-hail service performance indicator in Part 1 of the Schedule for 5 years after the end of the reporting period to which the record relates; and
in respect of paragraph 3 in the second column of item 3 in Part 1 of the Schedule, keep a record of that street‑hail service performance indicator for 18 months after the end of the reporting period to which the record relates.
For the purposes of section 29(2)(a) of the Act, a ride‑hail service licensee must keep a record for 5 years after the end of the reporting period to which the record relates.
For the purposes of section 29(3)(a) of the Act, an exempt ride‑hail service operator providing a ride-hail service to which an exempt ride‑hail operator order applies must keep records relevant to monitoring or evaluating, under the Act, an aspect of the ride‑hail service specified in the exempt ride‑hail operator order, for a period of 5 years after the end of the period to which the records relate.
Any record required by section 29(1)(a), (2)(a) or (3)(a) of the Act must be kept in an electronic form or in any other manner as may be approved by the Authority in any particular case.
Time for giving of information
For the purposes of section 29(1)(b) of the Act, a street‑hail service licensee who is obliged to keep a record of a street‑hail service performance indicator in Part 1 of the Schedule must give to the LTA the following information from that record at the following times: (a)for every street-hail service performance indicator except aspects mentioned in sub-paragraph (b) —
no later than the 15th day after the end of each reporting period to which the record relates; or
if the LTA gives the licensee a written request for the information to be given no later than another date (being no earlier than the 3rd working day after the request is given) — no later than that date;
for aspects relating to the name and personal identifying information about related drivers of a street‑hail service licensee — no later than the 3rd working day after the LTA gives the licensee concerned a written request for the information.
For the purposes of section 29(2)(b) of the Act, a Class 1 or 2 ride‑hail service licensee who is obliged to keep a record of a ride‑hail service performance indicator in Part 2 of the Schedule must give to the LTA the following information from that record at the following times:
for every ride-hail service performance indicator except aspects mentioned in sub‑paragraph (b) —
no later than the 15th day after the end of each reporting period to which the record relates; or
if the LTA gives the licensee a written request for the information to be given no later than another date (being no earlier than the 3rd working day after the request is given) — no later than that date;
for aspects relating to the name and personal identifying information about participating bookable drivers of the ride‑hail service licensee — no later than the 3rd working day after the LTA gives the licensee concerned a written request for the information.
For the purposes of section 29(2)(b) of the Act, a Class 3 ride‑hail service licensee who is obliged to keep a record of a ride‑hail service performance indicator in Part 3 of the Schedule must give to the LTA the following information from that record at the following times:
for every ride-hail service performance indicator except aspects mentioned in sub‑paragraph (b) —
no later than the 15th day after the end of each reporting period to which the record relates; or
if the LTA gives the licensee a written request for the information to be given no later than another date (being no earlier than the 3rd working day after the request is given) — no later than that date;
no later than the 3rd working day after the LTA gives the licensee concerned a written request for any of the following information:
the participating bookable drivers of the ride‑hail service licensee providing a passenger transport service under a vehicle-pooling arrangement;
the number of passengers in a bookable vehicle during each completed passenger transport service; (iii)the service type of the passenger transport service booked through the ride‑hail service licensee;
the prices and driver incentives except the total price charged and collected and discounts offered each month for every passenger transport service booked through the ride‑hail service licensee;
the distance travelled by each bookable vehicle used in providing each passenger transport service under a vehicle pooling arrangement booked through the ride‑hail service licensee;
the daily average number of passengers indicated by the passenger who booked through the ride-hail service licensee a passenger transport service under a vehicle pooling arrangement, but excluding passenger transport services which are not completed;
the weekly average number of passengers indicated by each passenger who booked the ride-hail service under a vehicle pooling arrangement completed passenger transport services that were booked through the ride-hail service licensee.
For the purposes of section 29(2)(b) of the Act, a Class 4 ride‑hail service licensee who is obliged to keep a record of a ride‑hail service performance indicator in Part 4 of the Schedule must give to the LTA the following information from that record at the following times:
for every ride-hail service performance indicator except aspects mentioned in sub‑paragraph (b) —
no later than the 15th day after the end of each reporting period to which the record relates; or
if the LTA gives the licensee a written request for the information to be given no later than another date (being no earlier than the 3rd working day after the request is given) — no later than that date;
for aspects relating to the name and personal identifying information about participating bookable drivers of the ride‑hail service licensee — no later than the 3rd working day after the LTA gives the licensee concerned a written request for the information.
In this regulation, “working day” means any day other than a Saturday, Sunday or public holiday.