Small Motorised Vehicles (Safety) Bill

to take or cause to be taken out of the customs territory by land, water or air to any place, including a free trade zone; or

to place goods in any form of conveyance for the purpose of taking the goods out of the customs territory by land, water or air to any place, including a free trade zone,but does not include the taking out from the customs territory of any goods in transit unless those goods have been landed or transhipped within the customs territory;

any place outside Singapore; or

a free trade zone, but does not include to tranship or to transit;

a wheeled vehicle that —

is built to transport people only (with or without carry‑on baggage); (ii)is suitable for use on land other than a railway; and

is propelled by an electric motor attached to the vehicle or by human power and such a motor; (b)a partly assembled and substantially complete vehicle that would otherwise be covered by paragraph (a) if fully assembled and completed; or

an unassembled or a completely knocked‑down vehicle that would otherwise be covered by paragraph (a) if fully assembled and completed,but does not include a power‑assisted bicycle, trolley, inline skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette, exclude from this definition;

a bicycle that —

is equipped with an electric motor; and

may be propelled by human power or by the electric motor with which it is equipped, or by both; (b)a partly assembled and substantially complete vehicle that would otherwise be covered by paragraph (a) if fully assembled and completed; or

an unassembled or a completely knocked‑down vehicle that would otherwise be covered by paragraph (a) if fully assembled and completed;

a personal mobility device;

a power-assisted bicycle; or

a type of motorised vehicle intended ordinarily for use on land (other than railway) to transport people or people and goods, that is prescribed as a small motorised vehicle for the purposes of this Act;

renders the Government liable to prosecution for an offence under this Act; or

prevents any public officer from exercising his or her powers or carrying out his or her duties under this Act or any other written law.

the person imports a small motorised vehicle; and

at the time of import, the person is not permitted to import the small motorised vehicle.

at the time of import, all of the following apply:

the person is granted an import approval;

the import approval is in force; (iii)the small motorised vehicle is specified or described in the import approval; (b)at the time of import, all of the following apply:

the person is authorised, in writing, by the person who is granted an import approval to import the small motorised vehicle;

the import approval is in force; (iii)the small motorised vehicle is specified or described in the import approval; or

at the time of import, a circumstance prescribed in the regulations applies.

where the person is an individual —

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

in any other case —

to a fine not exceeding $10,000; but(ii)where the person is a repeat offender, to a fine not exceeding $20,000.

is convicted, or found guilty, of an offence under that subsection (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.

becomes aware of a circumstance that would have required or permitted the Authority to refuse to grant the approval, had it been aware of the circumstance immediately before granting the approval; (b)is satisfied that a condition of the approval for the import of the small motorised vehicle has been contravened or is being contravened; or

is satisfied that the approval was granted as a result of any declaration, statement, representation or information which is false in a material particular.

reject the appeal and confirm the decision appealed against; or

allow the appeal and reverse the decision appealed against.

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that —

is not a sale, letting for hire or other distribution by way of trade of the vehicle in Singapore; and

is not one that requires the person to export or destroy the vehicle; and

the person intentionally or negligently uses, or allows to be used, the small motorised vehicle for another purpose.

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that requires the person to export or destroy the vehicle; and

the person intentionally or negligently does not export or destroy or cause the export or destruction of the small motorised vehicle within the period specified in the import approval.

the person is granted an import approval to import a small motorised vehicle subject to a condition that does not require the person to export or destroy the vehicle; and

the person intentionally or negligently contravenes or fails to comply with the condition.

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 $5,000; but(ii)where the person is a repeat offender, to a fine not exceeding $10,000.

is convicted, or found guilty, of an offence under subsection (1), (2) or (3) (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.

the use of the small motorised vehicle for another purpose was authorised by the Authority; or

the contravention or failure to comply with a condition of an import approval was authorised by the Authority.

to investigate an offence under this Act reasonably believed to have been committed;

to determine compliance with any condition of an import approval for the import of any small motorised vehicle;

to determine whether information provided to the Authority under this Act is correct;

to investigate whether there are grounds for taking any action under section 7 against a person granted an import approval.

to examine any thing or observe any activity conducted in or on the premises, including —

to detain any package, box, container or other thing in or on the premises until any person in charge of the package, box, container or thing has opened it for examination and search;

to mark, lock, seal or otherwise secure the package, box, container or other thing pending examination and search; and

if the thing appears to be a small motorised vehicle, to order any person in charge of the vehicle to deliver the vehicle (in that state it is found on the date of the order) for weighing or an inspection by a person and at a time and place specified by the authorised officer;

to search the premises and any thing in or on the premises;

to make a still or moving image or recording of the premises and any thing in or on the premises;

to inspect any document in the premises and take extracts from, or make copies of, any such document;

to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

to operate electronic equipment in or on the premises;

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that —

the thing is evidential material relevant to an offence under this Act; and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph (g)(i);

to require any relevant person, or any individual found in or on the relevant premises, to answer any question (to the best of that person’s or individual’s knowledge, information and belief) and to provide any document or information that the authorised officer reasonably requires for any of the purposes of section 9.

to enter and search any relevant premises that is a place of accommodation or residence, except —

with the consent of the occupier; or

under a warrant of a Magistrate’s Court or District Court; or

to seize any thing in or on any relevant premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court, being a thing other than a vehicle or vehicle component mentioned in section 11.

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; (b)to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from those premises; and

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —

is brought to the premises for the exercise of the power; or

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,and to remove the disk, tape or other storage device from those premises.

to secure the thing by locking it up, placing a guard or any other means; and

to prohibit any person from dealing with such thing.

to require that individual to provide an explanation of the document or information;

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the Authority in legible form.

a person to whom an import approval is or was granted under this Act;

an individual who is or was an officer or a representative of a person mentioned in paragraph (a);

an individual who is or was an employee of a person mentioned in paragraph (a); or

a person whom an authorised officer suspects on reasonable grounds is or was an importer of small motorised vehicles, or an agent of such a person;

is used for or in connection with —

the import of small motorised vehicles; or

the storage or supply of small motorised vehicles that are being, or are about to be, or have recently been imported; or

is under the control or management of a relevant person in paragraph (a) or (d) of the definition of “relevant person”.

seize the vehicle or vehicle component and take it to a holding yard; or

require the owner or person in charge of the vehicle or vehicle component to take the vehicle or component (as the case may be) to and surrender it at a specified holding yard.

without prior permission of an authorised officer, opens, breaks, alters or removes any mark, lock, seal or other safeguard used to secure a package, box, container or other thing under section 10(1)(a)(ii) or (g)(ii); or

without reasonable excuse, fails to do anything required of the person by an authorised officer under section 10(1).

the person does not possess the document or information required; or

the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.

a person provides a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Authority or an authorised officer;

the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading;

the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (b); and

the document is provided, or the statement is made or the information is given, for or in connection with —

an application for or relating to an import approval under this Act; or (ii)a question or request of the Authority or an authorised officer made under this Act,the person shall be guilty of 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.

is not false or misleading in a material particular; or (b)did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.

one half of the amount of the maximum fine that is prescribed for the offence;

$5,000.

the vehicle is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle or the vehicle components if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle;

an offence under this Act has been committed and the vehicle was or vehicle components were the subject matter, or was or were used in the commission, of the offence;

at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle or vehicle components is earlier made in the prescribed manner to the Authority by a person who is none of the following:

the person from whom the vehicle was or vehicle components were seized; (ii)the person required to surrender the vehicle or vehicle components; (iii)an agent of a person in sub‑paragraph (i) or (ii); and

a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 14.

that is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle, or that if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle; and

that the Authority considers is of such a nature or in such condition that it would be dangerous to retain custody, or the detention of the vehicle or vehicle components in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard.

any individual performing duties in the Authority; (b)any auxiliary police officer appointed under the Police Force Act (Cap. 235).

an employee of the Authority; or

a public officer performing duties in the Authority under a secondment arrangement making available temporarily to the Authority the services of public officers.

before exercising a power under this Act; and

at any time during the exercise of a power under this Act, if asked to do so.

fails to declare his or her office; and

refuses to produce his or her identification card on demand being made by that person.

for the purpose of the performance of his or her duties or the exercise of his or her functions under this Act; or

when lawfully required or allowed to do so by any court or under the provisions of any written law.

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

who is —

an officer of the corporation; or

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence; (ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

Chapters V and VA of the Penal Code (Cap. 224); or

the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

any person purporting to act in any such capacity; and

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

action towards —

assessing the corporation’s compliance with the provision creating the offence; and

ensuring that the corporation arranged regular professional assessments of its compliance with the provision; (b)action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;

action towards ensuring that —

the equipment and other resources; and

the structures, work systems and other processes,relevant to compliance with the provision creating the offence are appropriate in all the circumstances; (d)action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence;

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.

who is —

an officer of the unincorporated association or a member of its governing body;

a partner in the partnership; or

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence; (ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.

Chapters V and VA of the Penal Code; or

the Evidence Act or any other law or practice regarding the admissibility of evidence.

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and

any person purporting to act in any such capacity;

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.

by giving it to the individual personally;

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

by sending it by email to the individual’s last email address.

by giving it to any partner, secretary or other similar officer of the partnership;

by leaving it at, or by sending it by post to, the partnership’s business address;

by sending it by fax to the fax number used at the partnership’s business address; or

by sending it by email to the partnership’s last email address.

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

by sending it by email to the last email address of the body corporate or unincorporated association.

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or

by any other method authorised by regulations made under this Act for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and

if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered).

in the case of an individual, the individual’s usual or last known place of business in Singapore; or

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

the grant of import approvals in relation to the import of small motorised vehicles;

the manner in which, and the time within which, an application for the grant of import approvals in relation to the import of small motorised vehicles is to be made, including —

the information that may be required, and the conditions to be satisfied, for the grant of an import approval; and

the disqualification or debarment of persons for an import approval; (c)the conditions of import approvals that are conditions of general application;

the variation, suspension or cancellation of import approvals;

the labelling or marking of small motorised vehicles imported;

the duties of persons granted import approvals in relation to the import of small motorised vehicles, including the keeping of records and the provision of returns and other information with respect to the import of such vehicles;

the fees to be paid in respect of applications for the grant of import approvals and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged;

the offences under this Act that may be compounded.

make different provisions with respect to different classes of small motorised vehicles, applicants for import approvals and importers of such vehicles;

create offences for a contravention of any of the regulations, which may be punishable with a fine not exceeding $10,000 or imprisonment for a term not exceeding 12 months or both; and

provide for such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.