Road Traffic (Amendment) Bill

This Act is the Road Traffic (Amendment) Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2(1) of the Road Traffic Act (called in this Act the principal Act) is amended —

by inserting, immediately after the definition of “company”, the following definition:“ “competency test certificate”, for a class or description of test‑needed‑to‑ride‑on‑road vehicle, means —

for any road-only PAB — a certificate granted under section 47H(1) certifying that an individual has passed the prescribed test of competence for that class or description of power‑assisted bicycle; or

for any other test‑needed-to‑ride‑on‑road vehicle, which is either a bicycle or power‑assisted bicycle — a certificate granted under section 23F of the Active Mobility Act 2017 certifying that an individual has passed the test of competence prescribed under that Act for that class or description of bicycle or power‑assisted bicycle;”;

by deleting “132(7),” in paragraph (c) of the definition of “Minister”;

by inserting, immediately after the definition of “power‑assisted bicycle”, the following definition:“ “prescribed test of competence”, in relation to riding a test‑needed‑to‑ride‑on‑road vehicle on a road, means —

for any road‑only PAB — a test of subject matter prescribed by rules made under section 48 to test an individual’s knowledge of safe driving or riding practices and law on public paths and roads; or

for any other test‑needed-to‑ride‑on‑road vehicle — a test of subject matter prescribed by regulations made under the Active Mobility Act 2017 to test, for the purposes of Division 2A of Part 3 of that Act, an individual’s knowledge of safe driving or riding practices and law on public paths and roads;”;

by inserting, immediately after the definition of “road”, the following definition:“ “road‑only PAB” means a power‑assisted bicycle that —

is within a class or description that is prescribed in rules made under section 48 for the purposes of section 47G(1); and

is not intended for use on any public path within the meaning of the Active Mobility Act 2017;”; and

by inserting, immediately after the definition of “street‑hail service licensee”, the following definitions:“ “test authority”, for a class or description of a road‑only PAB, means an individual designated by the Minister charged with the responsibility for law and order to be a test authority for that class or description of test‑needed‑to‑ride‑on‑road vehicle;“test‑needed‑to‑ride‑on‑road vehicle” means —

a bicycle or power‑assisted bicycle within a class or description of bicycle or power‑assisted bicycle that is prescribed for the purposes of Division 2A of Part 3 of the Active Mobility Act 2017; or

a road‑only PAB;”.

Section 6C of the principal Act is amended by deleting subsection (3) and substituting the following subsection:“(3) This section and all rules made under this section continue in force until the end of 24 August 2027.”.

Section 11 of the principal Act is amended —

by deleting the words “him to pay to the Registrar” in subsection (9) and substituting the words “the person to also pay”; and

by inserting, immediately after subsection (9), the following subsection:“(9A) The amount of tax undercharged which is ordered under subsection (9) to be paid may be recovered according to the law for the time being in force for the recovery of fines.”.

Section 11AA of the principal Act is amended —

by deleting the words “him to pay to the Registrar” in subsection (8) and substituting the words “the person to also pay”; and

by inserting, immediately after subsection (8), the following subsection:“(8A) The amount of the vehicular emissions tax, or the tax payable under section 11(1)(a), which has been undercharged and ordered under subsection (8) to be paid may be recovered according to the law for the time being in force for the recovery of fines.”.

Section 11B of the principal Act is repealed and the following section substituted therefor:“Taxes and fees payable upon loss of exempt status11B.—

This section applies to and in relation to any vehicle in respect of which a relevant impost is otherwise payable upon the first registration, continued registration or the keeping or use on roads, of the vehicle, if not for any of the following events (whether happening before, on or after the date of commencement of section 6 of the Road Traffic (Amendment) Act 2021):

the operation of section 14 which is repealed by the Road Traffic (Amendment) Act 2021;

an exemption under section 33;

an exemption under any order made under section 142.

Upon the happening, on or after the date of commencement of section 6 of the Road Traffic (Amendment) Act 2021, of a disqualifying event for a relevant impost relating to a vehicle which has not ceased to be kept or used on any road in Singapore and has not been destroyed or removed from Singapore, a tax is payable as follows:

upon the happening of the earlier of the following:

at the end of one month after the disqualifying event for the relevant impost happens;

the re‑registration of the vehicle after the disqualifying event for the relevant impost;

at the end of any period of extension allowed by the Registrar for payment of that tax.

The tax under subsection (2) is payable and recoverable from the person who is keeping or using the vehicle when the disqualifying event happens for a relevant impost with respect to that vehicle.

The tax under subsection (2) with respect to a vehicle is as follows, whichever being applicable:

where the disqualifying event relates to any tax payable under section 11 upon the first registration of a vehicle — an amount worked out in the prescribed manner, which must not exceed the amount of the tax that would have been payable under section 11(1)(a) on the first registration of the vehicle if not for an event in subsection (1)(a), (b) or (c);

where the disqualifying event relates to any levy payable under section 10A — an amount worked out in the prescribed manner, which must not exceed the amount of the levy that would have been payable under section 10A(2) on the first registration of the vehicle with a permit if not for an event in subsection (1)(a), (b) or (c);

where the disqualifying event relates to any other relevant impost — an amount worked out in the prescribed manner, which must not exceed the total amount of the relevant impost that would have been payable if the event in subsection (1)(a), (b) or (c) did not happen.

To avoid doubt, a vehicle to which this section applies may be the subject of different disqualifying events for different relevant imposts.

To ascertain the relevant impost that was not payable upon the first registration, continued registration or the keeping or use on roads, of the vehicle concerned, any rebate from that relevant impost that may be claimed under section 11 when the vehicle was first registered must be reckoned.

Any person who gives any incorrect information in relation to any matter affecting the amount of tax chargeable under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months, and the court shall order the person to pay the amount of tax which has been undercharged.

The amount of the tax under this section which has been undercharged and ordered under subsection (7) to be paid may be recovered according to the law for the time being in force for the recovery of fines.

The Registrar may compound any offence punishable under subsection (7) by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000 and the amount of the tax undercharged, and may before judgment stay or compound any proceedings thereunder.

In this section —“disqualifying event”, in relation to a relevant impost for a vehicle, means any of the following, whichever happens first:

the expiry of any period the relevant impost is not payable with respect to the vehicle because of an event in subsection (1)(a), (b) or (c);

the cancellation of the registration of the vehicle under section 27(1) or (1A);

the first breach of any condition (whether a condition precedent or a condition subsequent) that the exemption described in subsection (1)(a), (b) or (c) with respect to the vehicle is subject;“relevant impost”, in relation to any vehicle, means any of the following taxes, fees or levies otherwise payable in respect of the vehicle if not for an event in subsection (1)(a), (b) or (c):

any fee payable under section 10;

any levy payable under section 10A(2);

any tax payable under section 11;

any carbon emission tax payable under section 11AA as in force immediately before 1 January 2018, or any vehicular emission tax payable under that section as in force on or after that date.”.

Section 14 of the principal Act is repealed.

Section 27 of the principal Act is amended —

by inserting, immediately after subsection (1), the following subsection:“(1A) In addition to subsection (1), the Registrar may cancel the registration of a vehicle registered under any particular class, category or description or purpose of use if the Registrar is satisfied that —

the vehicle has been so permanently altered (on or after the date of commencement of section 8 of the Road Traffic (Amendment) Act 2021 and whether in the course of repair or otherwise) so as to render its construction, weight and equipment or condition such that the vehicle no longer conforms to the class, category or description it is registered under; or

the use of the vehicle has so materially changed (on or after the date of commencement of section 8 of the Road Traffic (Amendment) Act 2021) such that the use of the vehicle does not conform to the purpose of use it is registered for.”;

by inserting, immediately after the words “subsection (1)” in subsection (2), the words “or (1A)”; and

by inserting, immediately after the words “the Registrar may approve” in subsection (2), the words “unless the vehicle is re‑registered within that period”.

Part II of the principal Act is amended by inserting, immediately after the word “DRIVERS” in the Part heading, the words “AND RIDERS”.

Part II of the principal Act is amended by inserting, immediately above section 35, the following Division heading and section:“Division 1 — Driving of motor vehicles except test‑needed‑to‑ride‑on‑road vehiclesApplication of Division34F. This Division does not apply to or in relation to the riding of any test‑needed‑to‑ride‑on‑road vehicle on any road.”.

Section 35A of the principal Act is amended by deleting subsection (8).

Section 41 of the principal Act is repealed.

Section 42 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:“(1) Where a person (called in this section the offender) is convicted of —

an offence under this Act or any other written law in connection with the driving of a motor vehicle; or

an offence under this Act or any other written law and —

at the time of the commission of the offence, the offender was the driver or was in charge of a motor vehicle on a road or other public place;

the person against whom the offence was committed was the driver of another vehicle on the road or public place, a passenger in that other vehicle or a pedestrian on the road or public place;

the court convicting the offender of the offence is satisfied that the commission of the offence arose from or was connected with a dispute between the offender and that other person over the use of the road or public place; and

having regard to the circumstances under which the offence was committed and the behaviour of the offender, the court is of the opinion that it is undesirable for the offender to continue to be allowed to drive a motor vehicle,the court may, in addition to imposing on the offender the punishment provided for such offence, make an order disqualifying the offender from holding or obtaining a driving licence for life or for such period as the court may think fit.

Subsection (1) is subject to any provision in this Act expressly providing otherwise.”.

Section 45 of the principal Act is amended —

by deleting the words “3 years” in subsection (1) and substituting the words “5 years”; and

by deleting subsection (8).

The principal Act is amended by inserting, immediately after section 47F, the following Division and Division headings:“Division 2 — Competency test for riding test‑needed‑to‑ride‑on‑road vehicle on roadUnauthorised riding of test‑needed‑to‑ride‑on‑road vehicle47G.—

An individual commits an offence if the individual —

rides on a road a test‑needed‑to‑ride‑on‑road vehicle;

is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle certifying that the individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑ride‑on‑road vehicle; and

is not excluded under subsection (2) or not exempted from this provision under section 142.

Subsection (1) does not apply to an individual riding a test‑needed‑to‑ride‑on‑road vehicle in circumstances prescribed in rules made under section 48.

An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.Grant of competency test certificate for road‑only PAB47H.—

Subject to subsection (2), the test authority may, on the application under subsection (3) by an individual, grant the individual a competency test certificate in respect of riding any road‑only PAB certifying that the individual has passed the prescribed test of competence for the road‑only PAB.

The test authority may grant under subsection (1) an individual a competency test certificate certifying that the individual has passed the prescribed test of competence for riding a road‑only PAB if, and only if, the test authority is satisfied that the individual —

has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the road‑only PAB; and

is not below the minimum riding age (if prescribed) for the purposes of section 62 relating to the road‑only PAB.

An application for a competency test certificate relating to a road‑only PAB must —

be in the form and manner the test authority requires;

be accompanied by an application fee, if prescribed;

state the description of the road‑only PAB that is the subject of the application; and

contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to ride the road‑only PAB that is the subject of the application.

The test authority may refuse to consider an application under subsection (3) that is incomplete or not made in accordance with this section.

To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device.Validity of competency test certificate for road‑only PAB47I.—

Subject to this section, every competency test certificate granted under section 47H(1) to an individual for a road‑only PAB remains in force —

for the period specified in the competency test certificate; or

for the natural life of the individual if no period in paragraph (a) is specified.

A test authority may cancel a competency test certificate granted under section 47H(1) to an individual for a road‑only PAB if —

the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or

the prescribed test of competence for the road‑only PAB has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to ride the road‑only PAB.

A competency test certificate granted under section 47H(1) to an individual may be cancelled by a test authority under subsection (2) by the test authority giving notice to the individual concerned of the cancellation.

A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3).Unlawful use of competency test certificate for road‑only PAB47J.—

A person commits an offence if the person —

has in the person’s possession, without lawful authority or a reasonable excuse, an article so resembling a competency test certificate granted under section 47H(1) as to be calculated to deceive;

alters a competency test certificate which is granted under section 47H(1) in a way that is calculated to deceive;

dishonestly alters or uses a competency test certificate granted under section 47H(1); or

dishonestly lends, or allows another person to use, a competency test certificate granted under section 47H(1).

A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.Allowing untested rider, etc., on road47K.—

Subject to this Act, a person commits an offence if —

the person employs, or intentionally or negligently allows, an individual to ride on a road a test‑needed‑to‑ride‑on‑road vehicle of a class or description;

the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle and is not excluded under section 47G(2); and

the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle.

To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑ride‑on‑road vehicles allowing, in the course of that business and for the purpose of selling the vehicle, a customer of the business concerned at the customer’s request to ride a test‑needed‑to‑ride‑on‑road vehicle within any part of those premises not comprising a road.

An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

For the purposes of subsection (3), an individual is a repeat offender in relation to an offence under subsection (1) if the individual who is convicted, or found guilty, of an offence under subsection (1) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (1).Production of competency test certificate47L.—

A police officer or a duly authorised person may, for the purpose of ensuring that any test‑needed‑to‑ride‑on‑road vehicle that is being or may be used on a road complies with this Act, at any time order the rider of the vehicle to produce the rider’s competency test certificate for examination or other identity documents so as to enable the police officer or duly authorised person (as the case may be) to ascertain —

the identity of the rider; and

the authority by which the competency test certificate was granted.

A rider of a vehicle to whom an order under subsection (1) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

However, subsection (2) does not apply if within 48 hours after an order is given to a rider of a vehicle under subsection (1), the rider produces the competency test certificate in person at any police station or other place that is specified by the police officer or duly authorised person (as the case may be) at the time the order was given.

An individual to whom a digital competency test certificate is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate is displayed for the purpose of complying with an order under subsection (1) to produce a competency test certificate, is taken to have produced a competency test certificate for that purpose.

However, a digital competency test certificate is not displayed for the purpose of complying with an order under subsection (1) to produce or carry a competency test certificate if —

the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction;

the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital competency test certificate; or

the holder of the digital competency test certificate refuses to comply with a reasonable direction to refresh the display of the digital competency test certificate.

To avoid doubt, an individual who displays or purports to display a digital competency test certificate is not required to give or hand over, to the person who is requiring the competency test certificate to be produced or handed over, the mobile communication device or other electronic device on which the digital competency test certificate is displayed or purported to be displayed.

An individual is a repeat offender in relation to an offence under subsection (2) if the individual who is convicted, or found guilty, of an offence under subsection (2) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (2).

A reference to a duly authorised person in this section or section 47M or 47N is a reference to an individual appointed under this subsection by the Minister as an authorised person for the purposes of that section, is authorised by the Minister to exercise any powers under that section and is acting within that authorisation.Production of false, etc., competency test certificate47M. An individual riding a test‑needed‑to‑ride‑on‑road vehicle on a road who, in purported compliance with any order given to the individual under section 47L(1) by a police officer or duly authorised person —

produces to a police officer or duly authorised person —

a competency test certificate that is altered in a way that is calculated to deceive (whether or not it was already a false document before the alteration or it was altered by the individual), knowing that it is so altered;

an article resembling a competency test certificate and calculated to deceive, knowing that the article is not a competency test certificate; or

a competency test certificate that was not granted to the individual, knowing that it was not so granted to that individual; and

with the intention of dishonestly inducing the police officer or duly authorised person to accept it as genuine,commits an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.Power to seize competency test certificate47N.—

A police officer or duly authorised person may, with no other authority than this section, seize a competency test certificate or an article resembling a competency test certificate if —

the competency test certificate or article is produced to the police officer or duly authorised person (as the case may be) pursuant to an order under section 47L(1) or otherwise, by an individual who represents it as a competency test certificate granted to that individual; and

the police officer or duly authorised person (as the case may be) has reason to believe that —

the competency test certificate is unlawfully in the possession of that individual who produced it; or

the competency test certificate or article is evidence of the commission of an offence under section 47J(1) or 47M, or section 23H(1) or 47(4A) of the Active Mobility Act 2017.

Every competency test certificate seized under subsection (1) must be forwarded to the relevant authority who issued the competency test certificate, and the relevant authority may —

return the competency test certificate to the individual who produced it, if the relevant authority is satisfied that the competency test certificate was lawfully in the possession of the individual who produced it; or

in any other case, deal with it in such manner as the test authority thinks fit.

However, the authority conferred by subsection (1) to seize a competency test certificate or any article resembling a competency test certificate does not extend to a mobile communication device or other electronic device on which a digital competency test certificate is displayed.Division 3 — Miscellaneous”.

Section 48(1) of the principal Act is amended —

by inserting, immediately after the words “driving licences” wherever they appear in paragraphs (a) and (e), the words “under section 35 or competency test certificates under section 47H(1)”; and

by deleting paragraph (b) and substituting the following paragraph:“(b)with respect to the nature of tests of competence to drive a motor vehicle or ride a road‑only PAB on roads, the administration of the tests of competence, and evidence of the result of attending and successfully completing any such test;”.

Section 62 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) A person must not do the following:

ride on a road a test‑needed‑to‑ride‑on‑road vehicle when the person is below the prescribed minimum riding age (if any) for riding such a vehicle on a road;

drive on a road any other motor vehicle when the person is below 18 years of age.”;

by inserting, immediately after the words “driving licence” in subsection (3), the words “or competency test certificate”; and

by inserting, immediately after the words “on driving” in the section heading, the words “or riding”.

Section 67A(1) of the principal Act is amended by deleting the words “one or” and substituting the words “2 or”.

Section 74 of the principal Act is amended —

by inserting, immediately after subsection (1), the following subsection:“(1A) The driver of a motor cycle (called in this section the motor cycle rider) must not drive the motor cycle where a person is being carried on the motor cycle (called in this section the pillion) so driven by the motor cycle rider unless the pillion is wearing securely on his or her head a protective helmet of a type approved by the Deputy Commissioner of Police.”;

by deleting subsection (3) and substituting the following subsections:“(3) Any person who contravenes subsection (1) or (1A) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted, or found guilty, of such an offence under that subsection (called the current offence) of contravening subsection (1) or (1A) has (whether before, on or after the date of commencement of section 19 of the Road Traffic (Amendment) Act 2021) been convicted or found guilty, on at least one other earlier occasion before the date on which the person is convicted or found guilty of the current offence, of the same offence of contravening subsection (1) or (1A).”;

by deleting “$500” and “$1,000” in subsection (4) and substituting “$1,000” and “$2,000”, respectively; and

by inserting, immediately after the words “3 months” in subsection (4), the words “or to both”.