PART 8
BUS FARES, STREET‑HAIL AND RIDE‑HAIL FARE
PRICING POLICIES AND TRAIN FARES
[20/2019]
Division 1 — General
[31/2015]
Bus, train, street-hail and ride-hail fares
41.—(1)  A person must not demand or take from a bus passenger, for any bus service involving the carriage of the passenger on a bus and operated by the person, or by the person on behalf of the licensed bus operator of the bus service, a bus fare that —
(a)is more than the maximum price approved under section 47 or 48 for that bus service;
(b)is inconsistent with any part of the pricing policy set or approved under section 47 or 48 for that bus service; or
(c)is different from the bus fare last published by the licensed bus operator for that bus service.
[31/2015; 20/2019]
(2)  A person must not demand or take from a train passenger, for any train service involving the carriage of the passenger on a train and operated by the person, or by the person on behalf of the licensed rapid transit system operator, a train fare that —
(a)is more than the maximum price approved under section 47 or 48 for that train service;
(b)is inconsistent with any part of the pricing policy set or approved under section 47 or 48 for that train service; or
(c)is different from the train fare last published by the licensed rapid transit system operator for that train service.
[31/2015]
(3)  A person must not initiate the collection of, or collect, a street‑hail fare for a passenger’s journey in a taxi provided in the course of a street‑hail service if the street‑hail fare —
(a)is inconsistent with any part of the pricing policy set under section 43 for that street‑hail service; or
(b)is more than the street‑hail fare last published by the street‑hail service licensee authorised to provide that street‑hail service.
[20/2019]
(4)  A person must not initiate the collection of, or collect, a ride‑hail fare for a passenger’s journey in a bookable vehicle provided in the course of an on‑demand passenger transport service relating to a ride‑hail service if the ride‑hail fare —
(a)is inconsistent with any part of the pricing policy set under section 45 for that ride‑hail service; or
(b)is more than the ride‑hail fare last published by the ride‑hail service licensee authorised to provide that ride‑hail service.
[20/2019]
(5)  A street‑hail service licensee or ride‑hail service licensee which offers to the public, or any section of the public, as the case may be —
(a)any street‑hail service for any street‑hail fare that is inconsistent with any part of the pricing policy set under section 43 for that street‑hail service; or
(b)any ride‑hail service for any ride‑hail fare that is inconsistent with any part of the pricing policy set under section 45 for that ride‑hail service,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 6 months or to both.
[20/2019]
(6)  If any dispute arises as to the fare calculated according to distance, the dispute may be referred to the Council or to the officer‑in‑charge of any police station whose decision is final, and any certificate issued by the Council or the police officer with regard thereto is admissible in evidence.
(7)  Any person who demands or takes or attempts to take any money in contravention of subsection (1), (2), (3) or (4) shall be guilty of an offence and 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.
[31/2015; 20/2019]
(8)  To avoid doubt, an offence under this section is a strict liability offence.
[20/2019]
(9)  For the purposes of this section, where the Council revokes or suspends its approval of any bus fare or train fare under section 47(5) or (6)(a) (called in this section the replaced fare) —
(a)the last revocation revives the bus fare or train fare approved (if any) by the Council previous to it approving the replaced fare, and with effect from the revocation, the bus fare or train fare revived is to be regarded as an approved maximum price for the fare; or
(b)for the period of suspension, the bus fare or train fare approved by the Council previous to the suspension of the replaced fare is revived, and for that period, the replaced bus fare or train fare is not to be regarded as an approved maximum price for the fare.
[31/2015]
(10)  To avoid doubt, subsections (1) and (7) bind —
(a)the Land Transport Authority of Singapore in respect of every public bus services contract it is a party to, or when the Land Transport Authority of Singapore operates a bus service, as if it is the bus operator in that subsection;
(b)every public bus operator providing bus services under a public bus services contract as if it is the bus operator in that subsection; and
(c)every employee of the Land Transport Authority of Singapore or a bus operator referred to in paragraph (b) employed to deliver those bus services.
[23
[31/2015]
Obtaining information for fare setting or reviews, etc.
42.—(1)  In this section, “relevant person” means —
(a)any licensed bus operator;
(b)any licensed rapid transit system operator; or
(c)any street‑hail industry participant or ride‑hail industry participant.
[31/2015; 20/2019]
(2)  The Council may by written notice require a relevant person to furnish, within a reasonable period and in such form and manner as may be specified in the notice, such accounts, financial statements or other documents and information —
(a)which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under section 43, 45, 47 or 48; and
(b)which are within the knowledge of the relevant person or are in the relevant person’s custody or under the relevant person’s control.
[31/2015; 20/2019]
(3)  The power to require a relevant person to furnish any accounts, financial statements, document or information under subsection (2) includes the power to require the relevant person, or any person who is or was an officer or employee of the relevant person, to provide an explanation of the accounts, financial statements, document or information.
[31/2015]
(4)  Any person who, in furnishing any accounts, financial statements, document or information required under subsection (2) —
(a)makes a statement which the person knows to be false or misleading in a material particular; or
(b)recklessly makes a statement which is false or misleading in a material particular,
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 12 months or to both.
[31/2015]
(5)  Any person who, without reasonable excuse, refuses to furnish any accounts, financial statements, document or information required under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[31/2015]
(6)  The Council may by written notice require the LTA to furnish or supply to the Council any particulars or information —
(a)which are obtained by the LTA in the performance of its function under the Bus Services Industry Act 2015; and
(b)which the Council considers necessary to carry out the functions or duties of or assigned to the Council by or under this Part.
[31/2015]
(7)  Despite the provisions of the Land Transport Authority of Singapore Act 1995, the LTA must furnish the particulars and information required under subsection (6) within such time as may be agreed to between the Council and the LTA.
[23A
[31/2015]
Division 2 — Street-hail fare pricing policy
[20/2019]
Street-hail fare pricing policy orders
43.—(1)  Subject to subsection (4) and any regulations made under subsection (8), the Council may, by order in the Gazette (called a street‑hail fare pricing policy order), set the pricing policy for street‑hail fares for any street‑hail service.
[31/2015; 20/2019]
(2)  A street‑hail fare pricing policy order for a street‑hail service may set the price‑fixing factors for street‑hail fares in any manner the Council considers appropriate, including —
(a)fixing the components of street‑hail fares for the street‑hail service;
(b)fixing the pricing policy or principles that are to be applied in relation to the street‑hail service provided;
(c)specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting street‑hail fares or terms and conditions for the street‑hail service provided;
(d)fixing the basis on which prices of street‑hail fares are to be calculated for different taxis, for different types of journeys by taxis, for different passengers or for hiring of taxis in different circumstances;
(e)fixing a price for components of a street‑hail fare where a street‑hail common pricing scheme is permitted and there is no street‑hail common pricing scheme in effect;
(f)fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for street‑hail fares for the street‑hail service provided, or other price control formula;
(g)regulating or prohibiting payment surcharges and charges on transactions involving payment of a street‑hail fare; and
(h)any other terms the Council considers appropriate.
[31/2015; 20/2019]
(3)  A street‑hail fare pricing policy order for a street‑hail service may —
(a)permit the street‑hail industry participants, by a street‑hail common pricing scheme, to vary one or more components of a street‑hail fare for the street‑hail service set for that component in the street‑hail fare pricing policy order; and
(b)require a street‑hail industry participant to provide information to other street‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information, relating to its prices of and pricing policies for street‑hail fares for street‑hail services provided by the street‑hail industry participant.
[31/2015; 20/2019]
(4)  In making a street‑hail fare pricing policy order, the Council may consider the following factors:
(a)the demand and supply of street‑hail services and ride‑hail services;
(b)the standards of quality, reliability and safety of the street‑hail services and ride‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards;
(c)the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible street‑hail services and ride‑hail services;
(d)any other matters that the Council considers relevant.
[31/2015; 20/2019]
(5)  A street‑hail fare pricing policy order under subsection (1) takes effect on a date specified in the order, and —
(a)cannot be varied (except as contemplated by the order); and
(b)may be revoked by the Council with or without making another street‑hail fare pricing policy order in replacement.
[31/2015; 20/2019]
(6)  Before the date a street‑hail fare pricing policy order under subsection (1) comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it.
[31/2015; 20/2019]
(7)  However, failure to comply with subsection (6) in respect of any such order under subsection (1) does not in itself invalidate the order.
[31/2015]
(8)  The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a street‑hail fare pricing policy order for the purposes of subsection (1).
[23B
[31/2015; 20/2019]
Lodgment of street‑hail fares and street‑hail common pricing schemes
44.—(1)  Within the prescribed period after a street‑hail fare pricing policy order is made for any street‑hail service but before it takes effect for the street‑hail service, every street‑hail industry participant providing that street‑hail service must —
(a)determine the prices of street‑hail fares for that street‑hail service if no prices are set by that order; and
(b)lodge with the Council those prices determined, together with any supporting information the Council may require.
[31/2015; 20/2019]
(2)  Where a street‑hail fare pricing policy order for a street‑hail service permits a street‑hail common pricing scheme to vary one or more components of the street‑hail fare in the street‑hail fare pricing policy order, the prescribed street‑hail industry participants for the street‑hail common pricing scheme —
(a)may start collective negotiations among themselves to determine the common prices of those components of street‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and
(b)must lodge with the Council the street‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require.
[31/2015; 20/2019]
(3)  The common prices last lodged with the Council under subsection (2)(b) for any component of a street‑hail fare for street‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the street‑hail fare pricing policy order for that component for those street‑hail services (even though not agreed to by all the prescribed street‑hail industry participants providing those street‑hail services) until the street‑hail common pricing scheme is terminated.
[31/2015; 20/2019]
(4)  A group of licensed taxi drivers who drive taxis not owned by a street‑hail service licensee may appoint an association, organisation or a body (whether corporate or unincorporate) recognised by the Council for the purpose of this section to be a bargaining representative to negotiate a street‑hail common pricing scheme on behalf of the group.
[31/2015; 20/2019]
(5)  To have effect, a street‑hail common pricing scheme for any component of a street‑hail fare —
(a)must be in writing;
(b)must be agreed to by the street‑hail industry participants prescribed for that component of the street‑hail fare;
(c)must be made after following the procedure (if prescribed) in connection with the preparation and making; and
(d)must state a process for dispute resolution.
[31/2015; 20/2019]
(6)  A street‑hail industry participant may be party to more than one street‑hail common pricing scheme.
[31/2015; 20/2019]
(7)  For the purposes of the Third Schedule to the Competition Act 2004, every street‑hail common pricing scheme permitted by a street‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement.
[23C
[31/2015; 20/2019]
Division 2A — Ride-hail fare pricing policy
Ride-hail fare pricing policy orders
45.—(1)  Subject to subsection (5) and any regulations made under subsection (9), the Council may, by order in the Gazette (called a ride‑hail fare pricing policy order), set the pricing policy for ride‑hail fares for all types of or any type of ride‑hail service.
[20/2019]
(2)  Different ride-hail fare pricing policy orders may be made under subsection (1) in relation to different types of ride‑hail services.
[20/2019]
(3)  A ride-hail fare pricing policy order for a ride‑hail service may set the price fixing factors for ride‑hail fares in any manner the Council considers appropriate, including —
(a)fixing the components of ride‑hail fares for the ride‑hail service;
(b)fixing the pricing policy or principles that are to be applied in relation to the ride‑hail service provided;
(c)specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting ride‑hail fares or terms and conditions for the ride‑hail service provided;
(d)fixing the basis on which prices of ride-hail fares are to be calculated for different bookable vehicles, for different types of journeys by bookable vehicles, for different passengers or for hiring of bookable vehicles in different circumstances;
(e)fixing a price for components of a ride‑hail fare where a ride‑hail common pricing scheme is permitted and there is no ride‑hail common pricing scheme in effect;
(f)fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for ride‑hail fares for the ride‑hail service provided, or other price control formula;
(g)regulating or prohibiting payment surcharges and charges on transactions involving payment of a ride‑hail fare; and
(h)any other terms the Council considers appropriate.
[20/2019]
(4)  A ride-hail fare pricing policy order relating to a type of ride‑hail service may —
(a)permit the ride-hail industry participants, by a ride‑hail common pricing scheme, to vary one or more components of a ride‑hail fare for that ride-hail service set for that component in the ride‑hail fare pricing policy order; and
(b)require a ride-hail industry participant of that type of ride‑hail service to provide information to other ride‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information relating to its prices of and pricing policies for ride‑hail fares for ride‑hail services provided by the ride‑hail industry participant.
[20/2019]
(5)  In making a ride-hail fare pricing policy order relating to a type of ride‑hail service, the Council may consider the following factors:
(a)the demand and supply of ride‑hail services and street‑hail services;
(b)the standards of quality, reliability and safety of ride‑hail services and street‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards;
(c)the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible ride‑hail services and street‑hail services;
(d)any other matters that the Council considers relevant.
[20/2019]
(6)  A ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service takes effect on a date specified in the order, and —
(a)cannot be varied (except as contemplated by the order); and
(b)may be revoked by the Council with or without making another ride‑hail fare pricing policy order in replacement in relation to that same type of ride‑hail service.
[20/2019]
(7)  Before the date a ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it.
[20/2019]
(8)  However, failure to comply with subsection (7) in respect of any such order under subsection (1) does not in itself invalidate the order.
[20/2019]
(9)  The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a ride‑hail fare pricing policy order for the purposes of subsection (1).
[23D
[20/2019]
Lodgment of ride-hail fares and ride-hail common pricing schemes
46.—(1)  Within the prescribed period after a ride‑hail fare pricing policy order is made for any ride‑hail service but before it takes effect for the ride‑hail service, every ride‑hail industry participant providing that ride‑hail service must —
(a)determine the prices of ride-hail fares for that ride‑hail service if no prices are set by that order; and
(b)lodge with the Council those prices determined unless the nature of the ride‑hail fare makes lodgment impracticable, together with any supporting information the Council may require.
[20/2019]
(2)  Where a ride-hail fare pricing policy order for a ride‑hail service permits a ride‑hail common pricing scheme to vary one or more components of the ride‑hail fare in the ride‑hail fare pricing policy order, the prescribed ride‑hail industry participants for that ride‑hail common pricing scheme —
(a)may start collective negotiations among themselves to determine the common prices of those components of ride‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and
(b)must lodge with the Council the ride‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require.
[20/2019]
(3)  The common prices last lodged with the Council under subsection (2)(b) for any component of a ride‑hail fare for ride‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the ride‑hail fare pricing policy order for that component for those ride‑hail services (even though not agreed to by all the prescribed ride‑hail industry participants providing those ride‑hail services) until the ride‑hail common pricing scheme is terminated.
[20/2019]
(4)  To have effect, a ride-hail common pricing scheme for any component of a ride‑hail fare —
(a)must be in writing;
(b)must be agreed to by the ride‑hail industry participants prescribed for that component of the ride‑hail fare;
(c)must be made after following the procedure (if prescribed) in connection with the preparation and making; and
(d)must state a process for dispute resolution.
[20/2019]
(5)  A ride-hail industry participant may be party to more than one ride‑hail common pricing scheme.
[20/2019]
(6)  For the purposes of the Third Schedule to the Competition Act 2004, every ride‑hail common pricing scheme permitted by a ride‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement.
[23E
[20/2019]
Division 3 — Bus fares and train fares
[31/2015]
Application for approval of fares
47.—(1)  An application for the Council’s approval of the price of, or the pricing policy for, any bus fare or train fare, must —
(a)be made in such form and manner as the Council may determine; and
(b)be supported by such documents (including certified copies of any balance sheet and profit and loss account, and any auditor’s report, relating to the applicant’s undertaking) as the Council may require.
[31/2015]
(2)  In considering any application for approval of the price of, or the pricing policy for, any bus fare or train fare, the Council must take into account —
(a)the need for the applicant to remain financially viable;
(b)the requirements imposed by or under section 49;
(c)the need for fare concessions to address the interests of certain passengers like the elderly and students;
(d)facilitating integrated and seamless travel by passengers making journeys which involve the use of —
(i)the bus services and train services of more than one bus operator (whether or not a public bus operator) or rapid transit system operator;
(ii)more than one bus service or train service (whether or not operated by the same person); or
(iii)both bus services and train services (whether or not operated by the same person);
(e)facilitating the integration of bus fares and train fares;
(f)the need to optimise the bus and rapid transit system network capacity of buses and trains and to ensure economic, financial and technical viability of the public bus system and the rapid transit system;
(g)whether increases in bus fares or train fares could cause financial hardship to commuters because there is, or is imminent, a severe economic recession in Singapore or other extenuating circumstances; and
(h)the need for public interest to be safeguarded.
[31/2015]
(3)  On receipt of an application under subsection (1), the Council may —
(a)refuse the application; or
(b)approve the application subject to such conditions as the Council thinks fit, such as any requirement in section 48(5)(b), (c) or (d).
[31/2015]
(4)  The Council’s approval under subsection (3) or decision on review under section 48 may be expressed in one or more of the following terms:
(a)fixing the price or the rate of increase or decrease in the price of bus fares or train fares;
(b)fixing a maximum or minimum price, or a maximum rate of increase in the maximum price, of bus fares or train fares;
(c)fixing an average price for specified bus services or train services, or an average rate of increase or decrease in the average price of bus fares or train fares;
(d)specifying pricing policies or principles for bus fares or train fares, including a policy or principle requiring prospective passengers to be informed in advance of any change in bus fares or train fares;
(e)specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;
(f)specifying an amount determined by reference to quantity (such as number of journeys or passengers), location, period or other specified factor relevant to the supply of the bus services or train services;
(g)any other terms the Council considers appropriate.
[31/2015]
(5)  Subject to subsection (7), the Council may, by order and without compensation, revoke any approval granted under subsection (3)(b) or section 48 if the Council is satisfied that —
(a)the applicant has failed to comply with any condition imposed by the Council under subsection (3)(b) or requirements in section 48(5) on that approval;
(b)the approval had been obtained by fraud or misrepresentation;
(c)the applicant has been convicted of an offence under this Act;
(d)it is in the public interest to do so; or
(e)the applicant has refused or failed to comply with an order of the Council made under subsection (6)(b) or subsection (3)(b) or with section 50.
[31/2015]
(6)  Subject to subsection (7), the Council may, in any case in which it considers that no cause of sufficient gravity exists for revoking any approval granted under subsection (3)(b) to an applicant for such approval, by order —
(a)suspend the approval for a period not exceeding 6 months;
(b)impose on the applicant concerned a financial penalty of an amount not exceeding $100,000; or
(c)publicly censure the applicant concerned.
(7)  Before exercising any of its powers under subsection (5) or (6), the Council must —
(a)give to the applicant concerned written notice of its intention to do so; and
(b)in the notice, call upon the applicant to show cause within such period as may be specified in the notice as to why the Council should not make any order under subsection (5) or (6), being a period of at least 7 days after the Council informs the applicant concerned of such intention.
(8)  If the applicant —
(a)fails to show cause within the period of time given or such extended period of time as the Council may allow; or
(b)fails to show sufficient cause,
as to why the order under subsection (5) or (6) (as the case may be) should not be made, the Council must give written notice to the applicant concerned of the Council’s order made under the respective subsection.
(9)  In any proceedings under subsection (5) or (6) in relation to the conviction of an applicant for a criminal offence, the Council must accept the applicant’s conviction as final and conclusive.
(10)  Nothing in this section requires —
(a)the LTA to apply to the Council for approval of bus fares —
(i)for bus services provided under a public bus services contract (within the meaning of the Bus Services Industry Act 2015) to which the LTA is a party; or
(ii)for bus services provided by the LTA when LTA operates the bus services; or
(b)a public bus operator which provides a bus service according to the provisions of a public bus services contract to apply to the Council for approval of bus fares for the bus service specified in that contract.
[24
[31/2015]
Unilateral review of fares, etc.
48.—(1)  The Council may, on its own initiative, review —
(a)the price of, or the pricing policy for —
(i)any bus fare specified in a public bus services contract for any bus service;
(ii)any bus fare approved under section 47 for bus services; or
(iii)any train fare approved under section 47; or
(b)the price of or pricing policy for any fare approved on review under this section.
[31/2015]
(2)  A review under this section of any fare or fare pricing policy must take into account the matters referred to in section 47(2) and comply with section 49.
[31/2015]
(3)  Without limiting subsection (1), a review under this section of the price of, or the pricing policy for, any bus fare or train fare, may be carried out for the purpose of promoting or facilitating —
(a)the integration of bus fares and train fares;
(b)arrangements for the through-carriage of passengers on bus services and train services provided by licensed bus operators (whether or not public bus operators) and licensed rapid transit system operators, respectively; and
(c)the making by passengers of any journey which involves the use of —
(i)the services of more than one such operator;
(ii)more than one bus service or train service (whether or not operated by the same person); or
(iii)both bus services and train services (whether or not operated by the same person).
[31/2015]
(4)  On completing any review under subsection (1) in relation to the price of, or pricing policy for, any bus fare or train fare, the Council may —
(a)add to, delete and substitute, or otherwise modify —
(i)any part of its approval under section 47(3) or approval on review under this section; or
(ii)any of the conditions for its approval under section 47(3), or approval on review under this section; or
(b)set the price of or pricing policy for the bus fare to be specified in a public bus services contract for any bus service,
and the fare or fare pricing policy so added to, substituted or otherwise modified, or set is, for the purposes of this Part, to be regarded as approved under this section.
[31/2015]
(5)  In particular, a decision of the Council under subsection (4) in relation to any bus fare for bus services provided by a public bus operator, or any train fare for train services provided by a licensed rapid transit system operator, may do any of the following:
(a)add to the price of the fare for those bus services or train services, the carry‑forward amount available to the bus operator of those bus services or the rapid transit system operator of those train services, as the case may be;
(b)require the bus operator or rapid transit system operator concerned and, in the case of bus services provided under public bus services contracts, the LTA, to reallocate revenues among themselves for the provision of their respective services, such as —
(i)entering into an agreement with each other, or with the LTA or another bus operator or rapid transit system operator, on such terms and conditions as the Council may specify for the reallocation of revenues; and
(ii)taking such steps to ensure that the agreement is given effect to;
(c)require the public bus operator or licensed rapid transit system operator, or the LTA in the case of bus services provided under public bus services contracts, to grant fare concessions —
(i)for any specified class of passengers of buses or trains used to provide those bus services or train services, as the case may be; or
(ii)for bus or train journeys starting at a specified place or area or starting or ending at any specified time;
(d)require every public bus operator and licensed rapid transit system operator who agree to provide services for the through‑carriage of passengers provided by them to publish, or cause to be published, the through fares for those services.
[31/2015]
(6)  Before making a decision under subsection (5), the Council must —
(a)give notice of its proposed review under this section in the manner prescribed under subsection (7); and
(b)after giving such notice, consult —
(i)the LTA; and
(ii)such licensed bus operator or licensed rapid transit system operator who would in the Council’s opinion be affected by the decision.
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(7)  The Minister may make regulations prescribing the content, form and procedure to be followed, and the methodology or other matters to be included in connection with the preparation, review and approval of fares or fare pricing policies under this section.
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Fare review mechanism
49.—(1)  When approving under section 47, or approving on review under section 48, the price of any bus fare or train fare, the Council must do so only in accordance with the fare adjustment formula set out in the Third Schedule.
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(2)  Where the bus fare charged by a public bus operator, or the train fare charged by a licensed rapid transit system operator, or the bus fare or train fare approved under section 47, or approved on review under section 48, for any year is less than the maximum permitted using the fare adjustment formula set out in the Third Schedule —
(a)no public bus operator or licensed rapid transit system operator is entitled to demand a bus fare or train fare that includes that excess for that year; but
(b)the excess may be claimed (in whole or in part) by the public bus operator or licensed rapid transit system operator concerned when applying for approval of any bus fare or train fare for the subsequent year or years, up to the maximum permitted using that fare adjustment formula.
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(3)  However, the Council may refuse to add the excess referred to in subsection (2) to any bus fare or train fare with respect to a public bus operator or licensed rapid transit system operator if the bus operator or rapid transit system operator makes no claim under subsection (2)(b) when applying under section 47 for approval of the bus fare or train fare.
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Contribution of proportion of fare increases
50.—(1)  Where the Council —
(a)approved under section 47 an increase in any bus fare for any bus service provided by a public bus operator or in any train fare for any train service; or
(b)approved on review under section 48 any bus fares or train fares that is an increase in any bus fare for any bus service provided by a public bus operator or in any train fare for any train service,
every public bus operator and every licensed rapid transit system operator providing that bus service or train service (as the case may be) must contribute to the Public Transport Fund an amount set by the Council under this section.
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(2)  In setting the amount of contribution that a public bus operator or a licensed rapid transit system operator must make under subsection (1), the Council must have regard to the estimated increase in revenue of the public bus operator or licensed rapid transit system operator that is attributable to the increase in fares approved or varied by the Council under section 47 or 48, as the case may be.
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(3)  The Council may set the contribution in one or more of the following terms:
(a)a fixed amount or rate of the estimated increase in revenue that is attributable to the increase in bus fares or train fares approved or revised by the Council under section 47 or 48, respectively;
(b)any other terms as the Council considers appropriate.
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(4)  The contributions that a public bus operator or a licensed rapid transit system operator has to make under subsection (1) must be made within the prescribed period after the effective date of any fare increase so approved or revised under section 47 or 48 (as the case may be) and thereafter, at the prescribed time in every subsequent year until the Council in writing directs otherwise.
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(5)  Any unpaid contribution and any penalty or interest imposed under regulations made under section 73(2)(d) may be recovered as a Government debt in a court of competent jurisdiction.
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(6)  The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the setting of contributions for the purposes of subsection (1).
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