Third-Party Taxi Booking Service Providers Bill

access that is subject to a precondition (such as the use of a password);

access through push technology; or

access through a standing request;

that can be accessed by taxi drivers who are not employees of, or hirers of taxis from, the provider of the taxi booking service;

that facilitates bookings for taxi services; and

that has a number of participating taxis equal to or greater than the threshold number;

facilitate bookings for taxi services;

send information about bookings for taxi services to taxi drivers;

assign bookings for taxi services to taxi drivers;

assign taxis to persons making bookings for taxi services.

have access to the third‑party taxi booking service; and

receive information about bookings for taxi services from that service.

is a registered provider and does so in accordance with the conditions of the provider’s registration; or

is exempt from this section under section 30.

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day that the offence continues after conviction.

the number of participating taxis for a third‑party taxi booking service; or

the type of third‑party taxi booking service to be provided.

be made in such form and manner as the Authority may require;

state the class or classes of registration applied for;

include an address in Singapore at which notices and other documents under this Act may be served;

be accompanied by the prescribed application fee; and

be accompanied by such other additional information that the Authority requires for the application.

carry out such inquiries and investigations in relation to the application as necessary for a proper consideration of the application; and

require the applicant to provide, within a specified time, any additional information that the Authority requires for a proper consideration of the application.

the class or classes of registration of the registered provider;

the term of registration;

the conditions of registration; and

such other matters that the Authority considers relevant.

be made in such form and manner as the Authority may require;

state the variation in the class of registration applied for;

be accompanied by the prescribed variation fee;

be submitted to the Authority not later than the renewal deadline (within the meaning of section 15) for that registration; and

be accompanied by such other additional information that the Authority requires for the application.

be made in such form and manner as the Authority may require;

be accompanied by the prescribed renewal fee;

be submitted to the Authority not later than the prescribed time before the date the registration expires (called in this section the renewal deadline); and

be accompanied by such other additional information that the Authority requires for the application.

stating that the Authority proposes to make the modification in the manner as specified in the notice; and

specifying the time (not being less than 28 days after the date of service of notice on the registered provider) within which the registered provider may make written representations to the Authority with respect to the proposed modification.

reject the representation;

amend the proposed modification in such manner as the Authority thinks fit having regard to the representation; or

withdraw the proposed modification.

the Authority rejects any written representation under subsection (3)(a);

the Authority amends any proposed modification to the conditions of registration under subsection (3)(b); or

no written representation is received by the Authority within the time specified in subsection (2)(b), or any written representation made under that subsection is subsequently withdrawn, and the registered provider has not given immediate effect to the modification,the Authority must amend the conditions of registration applicable to the registered provider concerned in accordance with subsection (5).

amend the conditions of registration for the registered provider concerned to give effect to the modification specified in the notice under subsection (2) or as amended by the Authority under subsection (3)(b) (as the case may be); and

notify the registered provider concerned when the conditions of registration, as amended by the modification under paragraph (a), are to take effect.

issue one or more codes of practice concerning the provision of third‑party taxi booking services applicable to all registered providers or any specified class or classes of registered providers; or

amend, add to or revoke any code of practice issued under paragraph (a).

is to have effect subject to this Act; and

having regard to this Act, is not to have effect.

publish a notice of the issue, amendment, addition or revocation, as the case may be, of the code of practice as will secure adequate publicity for such issue, amendment, addition or revocation;

specify in the notice referred to in paragraph (a), the date the issue, amendment, addition or revocation is to take effect (as the case may be); and

ensure that, so long as the code of practice remains in force, copies of that code of practice are made available to the registered providers who are to comply with that code of practice.

the registered provider is providing a third‑party taxi booking service in a manner that may adversely affect the availability of taxi services for hail on roads in Singapore;

the registered provider is providing a third‑party taxi booking service that is not responsive to the demand for taxi services in Singapore; or

there is an emergency for which the direction is necessary to alleviate or minimise any serious risk to public safety.

may require the registered provider 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;

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

may be revoked at any time by the Authority.

stating that the Authority proposes to give the direction and the effect of the proposed direction; and

specifying the time within which written representations to the proposed direction may be made,and the Authority must consider the written representations which are duly made.

that the registered provider has contravened, or failed to comply with, any condition of registration, any direction given by the Authority under section 18, or any provision of a code of practice applicable to the registered provider; and

that it is appropriate or requisite that a compliance order under this section be given instead of a regulatory sanction under section 20.

may require the registered provider concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the compliance order or are of a description as so specified therein;

is to take effect at such time, being the earliest practicable time, as is determined by or under the compliance order; and

may be revoked at any time by the Authority.

may include measures to be taken by the registered provider to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order; and

may offer the registered provider on whom it is imposed, a choice of ways to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order.

the extent that any person is likely to sustain loss or damage due to anything likely to be done, or omitted to be done, as a result of the contravention or the non‑compliance, if no regulatory sanction under section 20 is imposed;

whether a compliance order is proportionate to the nature of the contravention or non‑compliance;

whether the contravention or non‑compliance is rectifiable.

stating that the Authority intends to impose a compliance order against the registered provider;

specifying the instance of contravention or non‑compliance that is the subject of the proposed compliance order; and

specifying the time (not being less than 28 days after the date of service of the notice) within which written representations may be made to the Authority with respect to the proposed compliance order.

has contravened, or failed to comply with, any condition of registration, any direction given by the Authority under section 18, or any provision of a code of practice applicable to the registered provider;

has failed to provide a third‑party taxi booking service that is safe, reliable and efficient; or

has, despite a compliance order imposed under section 19, continued the contravention or non‑compliance that is the subject of the compliance order.

a financial penalty not exceeding $100,000 for —

each instance of contravention or non‑compliance referred to in subsection (1)(a) or (c); or

each act done or omission made that results in a failure to provide a third‑party taxi booking service that is safe, reliable and efficient;

the suspension (for not more than 3 months) of a registered provider’s registration;

the revocation of a registered provider’s registration.

stating that the Authority intends to impose the regulatory sanction against the registered provider;

specifying the type of regulatory sanction the Authority proposes to impose and each instance of contravention or non‑compliance, or each act or omission, that is the subject of the regulatory sanction; and

specifying the time (not being less than 28 days after the date of service of the notice) within which written representations may be made to the Authority with respect to the proposed regulatory sanction.

by any person of any right or claim against the registered provider or former registered provider; or

by the registered provider or the former registered provider of any right or claim against any person.

the Authority is investigating any probable instance of contravention or non‑compliance that may result in a compliance order, or any probable instance of contravention, non‑compliance, act or omission that may result in a regulatory sanction; or

the Authority has commenced proceedings under section 19 with a view to imposing a compliance order, or proceedings under section 20 with a view to imposing a regulatory sanction.

the refusal to register the appellant, vary the appellant’s class of registration or renew the appellant’s registration;

the modification of conditions of the appellant’s registration under section 16(5);

any provision of a code of practice applicable to the appellant under section 17;

any direction under section 18 given to the appellant;

any compliance order under section 19 imposed on the appellant;

any regulatory sanction under section 20 imposed on the appellant.

must be in writing;

must specify the grounds for the appeal; and

must be made —

in the case of a decision referred to in subsection (1)(a), (c), (d), (e) or (f), within 14 days after the date of service of the decision; or

in the case of a decision referred to in subsection (1)(b), within 28 days after the date of service of the decision.

reject the appeal and confirm the Authority’s decision; or

allow the appeal and substitute or vary the Authority’s decision,and the Minister’s decision is final.

a condition that is the subject of the appeal need not be complied with until the determination of the appeal; and

a financial penalty that is the subject of the appeal need not be paid until the determination of the appeal.

require any person whom the officer reasonably believes to have committed the contravention or non‑compliance, or done the act or made the omission, to furnish evidence of the person’s identity;

require any person to furnish any information, or produce any record or document (or copy of any record or document) in the possession of that person, and may, without giving any fee or reward, inspect, copy or take extracts from such record or document;

require, by order in writing, the attendance before the officer of any person within the limits of Singapore who, from the information given or otherwise obtained by the officer, appears to be acquainted with the circumstances of the case, and the person so ordered must attend as required;

examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act, whether proceedings under section 20 with a view to any regulatory sanction have started in connection with the matter.

be reduced to writing;

be read over to the person;

if the person does not understand English, be interpreted for the person in a language that he or she understands; and

after correction (if necessary), be signed by the person.

refuses to give access to, or assaults, obstructs, hinders or delays, an officer of the Authority in the discharge of the officer’s duties;

wilfully misstates or without lawful excuse refuses to give any information, or produce any record or document (or a copy of any record or document), required of the person by the officer under subsection (1)(b); or

fails to comply with a lawful demand of an officer in the discharge by such officer of his or her duties under this section,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.

to have been committed with the consent or connivance of an officer of the body corporate; or

to be attributable to any neglect on the officer’s part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of a partner; or

to be attributable to any neglect on the partner’s part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

to be attributable to any neglect on the part of such an officer or a member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

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

$5,000.

by giving it to the individual personally;

by sending it by pre‑paid registered post to the address specified by the individual for the service of documents or, if no address is so specified, to 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 officer of the Authority 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 pre‑paid registered 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 the unincorporated association, or the limited liability partnership’s manager;

by leaving it at, or by sending it by pre‑paid registered post to, the body corporate’s or unincorporated association’s registered office or principal office;

by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office; or

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

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; and

if the document is sent by pre‑paid registered 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; or

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

the last email address given by the addressee concerned to the officer of the Authority giving or serving the document as the email address for the service of documents under this Act; or

the last email address of the addressee concerned known to the officer of the Authority giving or serving the document;

the class or classes of registered providers;

the fees to be paid for any thing or matter done or to be done under this Act in respect of which it appears to the Authority to be expedient to charge fees;

the conduct of taxi drivers in relation to the use of any registered provider’s third‑party taxi booking service;

the offences under this Act which may be compounded;

anything that is required or permitted to be prescribed under this Act.

provide that any contravention of any provision of the regulations shall be punishable —

in the case of a first offence, with a fine not exceeding $1,000 or with imprisonment for a term not exceeding 3 months; and

in the case of a second or subsequent offence, with a fine not exceeding $2,000 or with imprisonment for a term not exceeding 6 months; and

provide for such transitional, savings and other consequential, incidental and supplemental provisions as the Authority, with the Minister’s approval, considers necessary or expedient.

for 3 months; and

if, within that period in paragraph (a), the person applies for registration under section 9, the person may continue to do so until the earlier of the following:

the date on which the Authority registers the person;

the date that the application is refused or withdrawn.

by deleting the word “and” at the end of paragraph (g)(iii);

by inserting the word “and” at the end of sub‑paragraph (iv) of paragraph (g), and by inserting immediately thereafter the following sub‑paragraph:“(v)to regulate the provision of third‑party taxi booking services under the Third‑Party Taxi Booking Service Providers Act 2015;”;

by deleting the word “and” at the end of paragraph (r)(iv); and

by inserting the word “and” at the end of sub‑paragraph (v) of paragraph (r), and by inserting immediately thereafter the following sub‑paragraph:“(vi)all composition sums and financial penalties under the Third‑Party Taxi Booking Service Providers Act 2015;”.

For the purposes of this Part, a person operates a taxi service if, in the course of business —

the person owns more than one taxi; and

the person causes or permits individuals to drive taxis owned by that person for one or both of the following purposes:

the taxis are for hire for journeys within, or partly within, Singapore;

the person provides taxi booking services to individuals driving such taxis.(2) For the purposes of this section, a person provides a taxi booking service if the person does all of the following in the course of business:

facilitate bookings for taxi services;

send information about bookings for taxi services to taxi drivers;

assign bookings for taxi services to taxi drivers;

assign taxis to persons making bookings for taxi services.(3) In this section —

by deleting the words “his licence” in subsection (1)(a) and substituting the words “the licensee’s licence”;

by deleting the words “his employees” in subsection (1)(b) and (i) and substituting in each case the words “the licensee’s employees”;

by inserting, immediately after the word “suspend” in subsection (1)(iii), the words “(for not more than 3 months)”;

by deleting subsection (2) and substituting the following subsection:“(2) The Authority must, before issuing any written order under subsection (1)(i), requiring payment of any financial penalty under subsection (1)(ii), or suspending or cancelling a licence under subsection (1)(iii), give notice to a licensee —

stating that the Authority intends to issue the written order, require payment of the financial penalty, or suspend or cancel the licence; and

requiring the licensee to show cause within such time as may be specified in the notice, why the Authority should not impose the written order, require payment of the financial penalty, or suspend or cancel the licence.”;

by deleting the words “by which the financial penalty shall be paid or from which the suspension or cancellation of his licence is to take effect” in subsection (3) and substituting the words “the written order takes effect, the date by which the financial penalty must be paid, or the date the suspension or cancellation of the licence takes effect”; and

by deleting subsection (5) and substituting the following subsection:“(5) An appeal under subsection (4) must be brought within 14 days after the date the notice in writing under subsection (3) is given by the Authority to the licensee.”.