PART 3 | Division 1 — Rights of users of public paths |
12.—(1) A member of the public is individually entitled as of right to pass along a public path.| (2) Members of the public are generally entitled as of right to pass along a public path. |
| (3) The rights conferred by this section do not derogate from any right of passage conferred by the common law. |
| (4) The rights of passage conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law. |
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| Rights of adjoining land owners or occupiers |
13.—(1) A proprietor or occupier of any land which adjoins a public path is entitled as of right to access the public path from that land.| (2) Rights of access conferred by this section are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law. |
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| 14. The rights of the public, whether under this Act or at common law, in relation to a public path can only be extinguished if the public path is discontinued in accordance with section 7. |
| Division 2 — Conduct of users of public paths |
| No riding of bicycles, etc., on pedestrian‑only paths |
15.—(1) Subject to this Act, an individual must not ride a bicycle, a PAB or a personal mobility device, or drive or ride a motor vehicle that is neither a motorised wheelchair nor a mobility scooter, on a public path that is a pedestrian‑only path.(2) However, subsection (1) does not apply to an individual who is riding a bicycle, a PAB or a personal mobility device on a pedestrian‑only path —| (a) | if the individual —| (i) | is crossing the pedestrian‑only path by the shortest safe route; and | | (ii) | does not stay on the pedestrian‑only path longer than necessary to cross it safely; or |
| | (b) | if —| (i) | there is an obstruction on a road, footpath or shared path adjacent to the pedestrian‑only path (called an adjacent area); | | (ii) | it is impracticable to travel on the adjacent area; and | | (iii) | the individual travels no more than reasonably necessary along the pedestrian‑only path to avoid the obstruction. |
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| (3) Subsection (1) also does not apply to an individual who is driving a mechanised sweeper on a pedestrian‑only path in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] |
(4) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] |
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| No riding of PABs, etc., on footpaths |
16.—(1) Subject to this Act, an individual must not —| (a) | ride a PAB or a motorised personal mobility device on a footpath; or | | (b) | drive on a footpath a motor vehicle that is not a motorised wheelchair or mobility scooter. [9/2020] |
(2) However, subsection (1) does not apply to an individual who is riding a PAB or a motorised personal mobility device on a footpath —| (a) | if the individual —| (i) | is crossing the footpath by the shortest safe route; and | | (ii) | does not stay on the footpath longer than necessary to cross it safely; or |
| | (b) | if —| (i) | there is an obstruction on a road or shared path adjacent to the footpath (called an adjacent area); | | (ii) | it is impracticable to travel on the adjacent area; and | | (iii) | the individual travels no more than reasonably necessary along the footpath to avoid the obstruction. [9/2020] |
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| (3) Subsection (1) also does not apply to an individual who is driving a mechanised sweeper on a footpath in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] |
(4) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] |
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(5) In relation to an offence under subsection (4), “repeat offender” extends to include an individual who —| (a) | is convicted, or found guilty, of such an offence (called the current offence); and | | (b) | 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 individual is convicted or found guilty of the current offence, of —| (i) | the same offence; or | | (ii) | an offence under subsection (4) as in force immediately before 3 April 2020. [9/2020] |
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| No motor cars, etc., on shared paths |
17.—(1) Subject to this Act, an individual must not drive or ride on a shared path any motor vehicle that is not a PAB, personal mobility device, motorised wheelchair or mobility scooter.| (2) Subsection (1) does not apply to an individual who is driving a mechanised sweeper on a shared path in the course of his or her employment, which is to sweep or otherwise clean sidewalks or paths. [9/2020] |
(3) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] |
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| Vehicle banned for public path |
18.—(1) Subject to this Act, an individual must not —| (a) | ride or drive on a public path that is a shared path a bicycle, a PAB, a personal mobility device, a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all shared paths generally; | | (b) | ride or drive on a public path that is a footpath a bicycle, a non‑motorised personal mobility device, a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all footpaths generally; or | | (c) | drive on a public path that is a pedestrian-only path a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all pedestrian‑only paths generally, |
| knowing that, or reckless as to whether, it is so banned. |
[38/2018; 9/2020] | (2) Subject to this Act, an individual must not ride on a public path that is a shared path, a PAB that is not registered under the Road Traffic Act 1961, knowing that, or reckless as to whether, it is so not registered. [38/2018] |
| (3) To avoid doubt, a bicycle, a PAB or a personal mobility device may be prescribed as banned for use on a specific footpath or shared path or generally on all footpaths or shared paths (as the case may be), even if it is not non‑compliant. [38/2018] |
| (4) To avoid doubt, a mobility scooter or a motorised wheelchair may be prescribed as banned for use on a specific pedestrian‑only path, footpath or shared path, or generally on all pedestrian‑only paths, footpaths or shared paths (as the case may be), even if it is not non-compliant. [38/2018] |
(5) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $5,000 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020] |
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| Non‑compliant personal mobility devices, etc. |
19.—(1) Subject to this Act, an individual must not, without reasonable excuse, ride or drive on a public path that is a footpath or shared path —| (a) | a non‑compliant bicycle; | | (b) | a non‑compliant PAB; | | (c) | a non‑compliant personal mobility device; or | | (d) | a non-compliant mobility vehicle, |
| knowing that, or reckless as to whether, it is non‑compliant. |
[38/2018] | (2) Subject to this Act, an individual must not, without reasonable excuse, drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle knowing that, or reckless as to whether, the mobility scooter or motorised wheelchair (as the case may be) is non‑compliant. [38/2018] |
(3) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 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 $20,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020] |
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| (4) Despite subsections (1) and (2), where any requirement is prescribed in regulations as to construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, an individual may, if a grace period is prescribed, ride or drive on a public path during the grace period a bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be), the riding or driving of which is otherwise unlawful under this section by virtue only of that requirement, if the individual proves, on a balance of probabilities, that the bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be) was sold before the date mentioned in subsection (5)(a). [38/2018] |
(5) A grace period, for any requirement prescribed in regulations as to the construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, means a period —| (a) | starting on the date the requirement in those regulations comes into force; and | | (b) | prescribed in those regulations for the purpose of subsection (4). [38/2018] |
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| Excepted use of non‑compliant personal mobility devices, etc. |
20.—(1) Despite section 19 but without affecting section 18, an individual may ride or drive on a public path that is a footpath or shared path —| (a) | a non‑compliant bicycle of a prescribed model or description; | | (b) | a non‑compliant PAB of a prescribed model or description; | | (c) | a non‑compliant personal mobility device of a prescribed model or description; or | | (d) | a non-compliant mobility vehicle of a prescribed model or description, |
| subject to such conditions as are prescribed in relation to that vehicle. |
[38/2018] | (2) Despite section 19 but without affecting section 18, an individual may drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle of a prescribed model or description subject to such conditions as are prescribed in relation to that vehicle. [38/2018] |
(3) An individual who, when riding or driving any vehicle mentioned in subsection (1) or (2) on a public path that is a pedestrian‑only path, footpath or shared path, fails to comply with the conditions prescribed for the purposes of that subsection and in relation to that vehicle, shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 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 $20,000 or to imprisonment for a term not exceeding 12 months or to both. [38/2018; 9/2020] |
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| Riding without displaying registration marks, etc. |
20A.—(1) A rider of a registrable personal mobility device must, when riding the device on a public path, ensure that the following are installed and displayed on the device in accordance with the regulations:| (a) | any registration mark issued by the Authority under section 28C for that device; | | (b) | a label or other mark required under section 28G(1)(b) in relation to that device. [38/2018] |
| (2) A rider of a PAB must, when riding the PAB on a public path, ensure that any identification mark required under the Road Traffic Act 1961 for the use of the PAB on a road is installed and displayed on the PAB in accordance with the requirements under that Act. [38/2018] |
| (3) A rider of a registrable personal mobility device or PAB who, without reasonable excuse, contravenes subsection (1) or (2) (as the case may be) commits an offence. [38/2018] |
(4) A person who is guilty of an offence under subsection (3) shall be liable on conviction —| (a) | 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. [38/2018] |
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21.—(1) Subject to this Act, an individual must not —| (a) | ride a bicycle, a PAB or a personal mobility device; or | | (b) | drive a motorised wheelchair or ride a mobility scooter, |
| on any public path that is a footpath or shared path in excess of the maximum speed prescribed for that public path. |
| (2) Different maximum speeds may be prescribed for different types of footpaths or shared paths. |
(3) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | 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. [9/2020] |
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| Dangerous riding of bicycles, etc., on public paths |
22.—(1) Subject to this Act, an individual must not —| (a) | ride a bicycle, a PAB or a personal mobility device; | | (b) | drive a motorised wheelchair or ride a mobility scooter; or | | (c) | drive a mechanised sweeper, |
| on any public path recklessly, or in a manner which is dangerous to the public, having regard to all the circumstances of the case. |
[38/2018; 9/2020] | (2) An individual who contravenes subsection (1) 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. [9/2020] |
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| Use of mobile communication device when driving or riding on public path |
| 22A.—(1) Subject to this Act, the driver or rider of a vehicle must not hold in his or her hand a mobile communication device and operate any of its communication or other functions, when the vehicle is moving on a public path. [9/2020] (2) A driver or rider of a vehicle who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but | | (b) | where the driver or rider is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [9/2020] |
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(3) To avoid doubt, subsection (1) does not apply —| (a) | to a vehicle or motor vehicle when it is driving itself; or | | (b) | to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device. [9/2020] |
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(4) In this section —“communication function” means —| (a) | sending or receiving audio phone calls, text messages, video calls, video messages, written messages or images; | | (b) | sending or receiving electronic documents; or | | (c) | providing access to the Internet; |
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“mobile communication device” means —| (a) | a mobile phone; or | | (b) | any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communication function. [9/2020] |
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| Duty of driver of vehicle if accident occurs |
23.—(1) If owing to the presence of a vehicle on a public path an accident occurs whereby any individual is injured or any property (including any animal) is damaged or destroyed, the driver of the vehicle must comply as far as the circumstances permit with the following requirements: | (a) | must immediately stop the vehicle; | | (b) | must immediately render such assistance as he or she can; | | (c) | must at the scene of the accident as soon as possible give his or her name and residential address, whether he or she is covered by third‑party liability insurance for driving or riding on public paths and the name of the insurer, and also the name and address of the owner of the vehicle —| (i) | to any person who has been injured or to the owner of any property that has been damaged or destroyed; or | | (ii) | to a person representing the injured person or the owner of the property; |
| | (d) | must at the scene of the accident as soon as possible give those names and addresses to any police officer, authorised officer or public path warden who is present; | | (e) | if any person is injured and no police officer, authorised officer and public path warden are present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident; | | (f) | if any property is damaged or destroyed and none of the following are present at the scene of the accident:| (i) | the owner of the property nor any person representing the owner; | | (ii) | any police officer, authorised officer or public path warden, |
| must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident. |
[9/2020] |
| (2) If a vehicle, which has been left standing on a public path, moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the vehicle so standing must, as soon as possible after becoming aware of the accident, comply as far as the circumstances permit with the requirements of subsection (1). |
(3) If —| (a) | as a result of an accident involving a vehicle on a public path an individual is killed or suffers injury; | | (b) | the driver of the vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in an individual being killed or suffering injury; and | | (c) | the driver of the vehicle does not comply with the requirements of subsection (1)(a), (b), (c), (d) or (e) in relation to the accident, |
| the driver shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both but, in the case where the driver is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Under-aged riding on shared path |
| 23A.—(1) Subject to subsection (3), an individual commits an offence if the individual rides a motorised personal mobility device on a shared path when he or she is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path. [9/2020] (2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | 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. [9/2020] |
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| (3) Subsection (1) does not apply where the individual riding the motorised personal mobility device on a shared path is riding under escort by one or more appropriate supervisors (whether or not a parent or guardian). [9/2020] |
(4) In this section —| “appropriate supervisor”, in relation to an under-aged rider, means an individual who has attained a minimum supervising age prescribed; |
“riding under escort”, in relation to an under-aged rider on a shared path, means —| (a) | having by agreement, understanding or other arrangement of any kind for the purposes of this section or section 23C in relation to the under-aged rider, an appropriate supervisor being on or in the vicinity of the shared path when the under‑aged rider is riding on the shared path; and | | (b) | riding in such a way that the appropriate supervisor has a clear and unobstructed line of sight of the under‑aged rider when the under‑aged rider is riding on the shared path. [9/2020] |
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(5) Regulations may be made prescribing —| (a) | different minimum riding ages for different classes or description of motorised personal mobility devices; and | | (b) | different minimum supervising ages for different classes or description of motorised personal mobility devices. [9/2020] |
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| Facilitating under-aged riding |
23B.—(1) Subject to subsections (3) and (4), a person commits an offence if —| (a) | the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path; | | (b) | the person knows that, or is negligent as to whether, both the following circumstances apply:| (i) | the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path; | | (ii) | the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and |
| | (c) | the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider. [9/2020] |
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | 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. [9/2020] |
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(3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —| (a) | had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or | | (b) | had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct. [9/2020] |
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(4) In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person —| (a) | intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or | | (b) | is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path, |
| but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device. |
[9/2020] |
| (5) To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code 1871. [9/2020] |
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| Appropriate supervisor’s duties for under-aged riding |
23C.—(1) Subject to this Act, an appropriate supervisor with prescribed qualifications referred to in section 23B(1)(b)(ii) commits an offence if —| (a) | he or she is, by agreement, understanding or other arrangement of any kind with an under‑aged rider, the appropriate supervisor for the purposes of this section or section 23A to escort the under‑aged rider when riding a motorised personal mobility device on a shared path; and | | (b) | he or she fails to take, so far as is reasonable and practicable, such measures as are necessary —| (i) | to ensure that the under‑aged rider does not ride in contravention of this Part and Part 3A, and in a manner that is dangerous to people or property; and | | (ii) | to carry out any other duties where prescribed in relation to the appropriate supervisor or the motorised personal mobility device. [9/2020] |
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(2) Where in any proceedings for an offence under subsection (1), it is alleged that an appropriate supervisor failed to do something so far as is reasonable and practicable in relation to a requirement in subsection (1)(b), it is for the accused to prove, on a balance of probabilities, that —| (a) | it was not reasonable or not practicable to do more than what was in fact done to satisfy that requirement; and | | (b) | there was no better practicable means than was in fact used to satisfy that requirement. [9/2020] |
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(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | 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. [9/2020] |
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Division 2A — Competency test for riding, etc.,
on public paths |
| Unauthorised riding of test-needed-to-drive vehicles |
23D.—(1) An individual commits an offence if the individual —| (a) | drives or rides on a public path a test‑needed‑to‑drive vehicle of a class or description; | | (b) | is not granted a competency test certificate from a test authority for that class or description of test‑needed‑to‑drive vehicle certifying that the individual has passed the prescribed test of competence for that class or description of vehicle; and | | (c) | is not excluded under subsection (2) or not exempted from this provision under section 66. [9/2020] |
(2) Subsection (1) does not apply to —| (a) | an under-aged rider riding a test‑needed‑to‑drive vehicle of a class or description on a public path; or | | (b) | an individual (but not an under-aged rider) riding a test‑needed‑to‑drive vehicle in circumstances prescribed in regulations. [9/2020] |
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(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | 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. [9/2020] |
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| Employing, etc., untested rider, etc., on public path |
23E.—(1) Subject to this Act, a person commits an offence if —| (a) | the person employs, or intentionally or negligently allows, an individual to drive or ride a test‑needed‑to‑drive vehicle of a class or description on a public path; | | (b) | the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle and is not excluded under section 23D(2); and | | (c) | 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‑drive vehicle. [9/2020] |
| (2) To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑drive 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 drive or ride a test‑needed‑to‑drive vehicle within any part of those premises not comprising a public path. [9/2020] |
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but | | (b) | where the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [9/2020] |
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| Grant by test authority of competency test certificate |
23F.—(1) The test authority for a class or description of a test‑needed‑to‑drive vehicle may, on the application under subsection (2) by an individual, grant the individual a competency test certificate certifying that the individual has passed the prescribed test of competence for that class or description of vehicle if, and only if, the test authority is satisfied that the individual —| (a) | has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the class or description of test‑needed‑to‑drive vehicle which is the subject of the application; and | | (b) | is not below —| (i) | the prescribed minimum riding age (if applicable) relating to that test‑needed‑to‑drive vehicle which is a motorised personal mobility device; or | | (ii) | the minimum age prescribed under section 62(1) of the Road Traffic Act 1961 where the vehicle is a test‑needed‑to‑ride‑on‑road vehicle within the meaning of that Act. [9/2020; 12/2021] |
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(2) An application for a competency test certificate must —| (a) | be in the form and manner the relevant test authority requires; | | (b) | be accompanied by an application fee, if prescribed; | | (c) | state the class or description of test‑needed‑to‑drive vehicle that is the subject of the application; and | | (d) | 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 drive or ride the class or description of test‑needed‑to‑drive vehicle which is the subject of the application. [9/2020] |
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| (3) A test authority may refuse to consider an application under subsection (2) that is incomplete or not made in accordance with this section. [9/2020] |
| (4) 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. [9/2020] |
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| Validity of competency test certificate |
23G.—(1) Subject to this section, every competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle remains in force —| (a) | for the period specified in the competency test certificate; or | | (b) | for the natural life of the individual if no period in paragraph (a) is specified. [9/2020] |
(2) A test authority may cancel a competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle if —| (a) | the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or | | (b) | the prescribed test of competence for the same class or description of test‑needed‑to‑drive vehicle has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to drive or ride the test‑needed‑to‑drive vehicle. [9/2020] |
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| (3) A competency test certificate granted 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. [9/2020] |
| (4) A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3). [9/2020] |
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| Unlawful use of competency test certificate |
23H.—(1) A person commits an offence if the person —| (a) | has in the person’s possession, without lawful authority or a reasonable excuse an article so resembling a competency test certificate as to be calculated to deceive; | | (b) | alters a competency test certificate in a way that is calculated to deceive; | | (c) | dishonestly alters or uses a competency test certificate; or | | (d) | dishonestly lends, or allows another person to use, a competency test certificate. [9/2020] |
| (2) 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. [9/2020] |
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| Division 3 — Code of conduct for users of public paths |
24.—(1) The Minister may —| (a) | issue one or more codes of conduct; | | (b) | approve as a code of conduct any document prepared by a person other than the Authority if the Minister considers the document as suitable for this purpose; or | | (c) | amend or revoke any code of conduct issued under paragraph (a) or approved under paragraph (b), |
| to provide practical guidance or certainty in respect of any one or more of the requirements of this Act or any duty or other requirement prescribed under this Act with respect to the use of public paths. |
(2) In particular, a code of conduct may —| (a) | set out benchmarks of good practice and conduct in relation to the use of public paths; and | | (b) | describe the markings for different types of public paths. |
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(3) However, a code of conduct cannot —| (a) | impose a duty on any person; | | (b) | direct how any matter or thing is to be done; | | (c) | create an enforceable legal right; or | | (d) | impose any liability or penalty. |
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(4) If any provision in any code of conduct is inconsistent with any provision of this Act, that provision in the code, to the extent of the inconsistency —| (a) | is to have effect subject to the provisions of this Act; and | | (b) | having regard to the provisions of this Act, is not to have effect. |
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(5) Where a code of conduct is issued, approved, amended or revoked by the Minister under subsection (1), the Minister must —| (a) | give notice of the issue, approval, amendment or revocation (as the case may be) of the code of conduct by notice in the Gazette; | | (b) | specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and | | (c) | ensure that, so long as the code of conduct remains in force, copies of that code of conduct, and of all amendments to that code of conduct, are available for inspection, free of charge, by the general public. |
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| (6) No code of conduct, no amendment to a code of conduct, and no revocation of any such code of conduct, has any force or effect as a code of conduct until the notice relating thereto is published in accordance with subsection (5). |
| (7) A code of conduct issued or approved under this section does not have legislative effect. |
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| Use of code of conduct in proceedings |
25.—(1) A code of conduct is admissible in evidence in any proceedings in a court where —| (a) | a person is alleged to have committed an offence or a civil wrong —| (i) | by reason of a contravention of any provision of this Act; or | | (ii) | by reason of a failure to discharge or perform a duty or other requirement imposed by this Act; and |
| | (b) | the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the proceedings, a code of conduct relates. |
(2) In criminal proceedings or civil proceedings in a court, evidence that —| (a) | a person has complied with a provision in a code of conduct found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or | | (b) | a person has contravened or failed to comply with, whether by act or omission, any such provision so found, |
| may be relied on by any party to those proceedings as tending to establish or negative any liability which is in question in those proceedings. |
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| (3) To avoid doubt, a reference in subsection (1) to a provision of this Act includes a provision of any regulations. |
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| Division 4 — Wayfinding and maintaining clear public paths |
26.—(1) The Authority may, for a purpose in subsection (2), give an order to any proprietor or occupier of any land, requiring the proprietor or occupier to do all or any of the following, at the proprietor’s or occupier’s cost:| (a) | to install, erect or relocate, or cause to be installed, erected or relocated, on the land, any permanent wayfinding signage in relation to all or any public paths —| (i) | which lead to or away from the land; | | (ii) | which front, adjoin or abut on the land; or | | (iii) | on, under or over the land; |
| | (b) | to remove or cause to be removed from the land any use‑incompatible signage in relation to all or any public paths —| (i) | which lead to or away from the land; | | (ii) | which front, adjoin or abut on the land; or | | (iii) | on, under or over the land. [38/2018] |
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(2) An order under subsection (1) may be given only for either or both of the following purposes:| (a) | enhancing connectivity and supporting development that promotes walking and cycling and patronage of public transport; | | (b) | supporting the right of members of the public to use a public path in accordance with this Act. [38/2018] |
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(3) An order under subsection (1) must specify —| (a) | the type and description of the signage to be installed, removed, erected or relocated, as the case may be; | | (b) | the locations on the land where the signage are to be installed, removed, erected or relocated; | | (c) | the time by which the work for installing, removing, erecting or relocating (as the case may be) the signage must start; and | | (d) | the time within which the work for installing, removing, erecting or relocating (as the case may be) the signage must be completed. [38/2018] |
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(4) However, no order under subsection (1) may be given to any proprietor or occupier of any land unless the Authority has given to the proprietor or occupier of the land concerned —| (a) | notice of intention to give the order; | | (b) | describing the contents of the order; and | | (c) | specifying the time (being at least 14 days after the date of service of notice on the proprietor or occupier) within which written representations may be made to the Authority with respect to the proposed order. |
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(5) If an order under subsection (1) is not complied with to its satisfaction, the Authority may —| (a) | carry out or cause to be carried out all or any of the work specified in that order; and | | (b) | recover all expenses reasonably incurred by the Authority in the exercise of powers under this section from the person in default. |
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| (6) Without affecting the right of the Authority to exercise the powers under subsection (5), if any person to whom an order under subsection (1) is given, without reasonable excuse, fails to comply with the requirements of that order, that person 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 3 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 during which the offence continues after conviction. |
| (7) This section does not affect the duty of the Authority in relation to road related facilities under the Street Works Act 1995. |
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| Maintaining wayfinding signs for public paths |
27.—(1) A proprietor or occupier of any land on which any permanent wayfinding signage in relation to all or any public paths leading to or away from, fronting, adjoining or abutting on, or on, under or over, the land is erected or installed, or relocated (whether by the proprietor or occupier or a predecessor) pursuant to an order under section 26(1) —| (a) | must maintain the signage in a reasonably good and clean condition, allowing for reasonable wear and tear; and | | (b) | must not intentionally or negligently cause or permit damage to the signage, or the signage to be obscured from view. [38/2018] |
| (2) A person who fails to comply with subsection (1) 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 3 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 during which the offence continues after conviction. |
(3) In proceedings for an offence under subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the damage to the signage concerned was due to —| (a) | any riot, insurrection, revolution or civil disorder, act of sabotage, vandalism or war (whether declared or undeclared); | | (b) | a military operation, or an act for the purpose of extinguishing or preventing the spread of a fire on the land or adjoining land; or | | (c) | lightning, earthquake, storm, fire, flood, subsidence, landslide, mudslide or other natural disaster. |
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| (4) Where, in the opinion of the Authority, any permanent wayfinding signage that relates to all or any public paths leading to or away from, fronting, adjoining or abutting on, or on, under or over, any land is not kept or maintained in a state of good repair or in a proper and clean condition or is obscured, the Authority may give an order to the proprietor or occupier of the land requiring the proprietor or occupier of the land to repair, clean or uncover, or cause to be repaired, cleaned or uncovered, the signage at the proprietor’s or occupier’s cost. [38/2018] |
(5) An order under subsection (4) must specify —| (a) | the permanent wayfinding signage to be repaired, cleaned or uncovered; | | (b) | the time by which the work for repairing, cleaning or uncovering the signage must start; and | | (c) | the time within which the work for repairing, cleaning or uncovering the signage must be completed. [38/2018] |
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(6) If an order under subsection (4) is not complied with to its satisfaction, the Authority may —| (a) | carry out or cause to be carried out all or any of the work specified in that order; and | | (b) | recover all expenses reasonably incurred by the Authority in the exercise of powers under this section from the person in default. |
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| (7) Without affecting the right of the Authority to exercise the powers under subsection (6), if any person to whom an order under subsection (4) is given, without reasonable excuse, fails to comply with the requirements of that order, that person 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 3 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 during which the offence continues after conviction. |
| (8) This section does not apply to or in relation to any road related facility within the meaning of the Street Works Act 1995. |
| (9) In this section, “repair” includes repainting or re-marking a sign that is painted or marked on a wall or floor. [9/2020] |
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| Obstructing public paths, etc. |
28.—(1) Subject to subsection (2), a person must not cause or permit any vehicle, article or thing to remain on any public path that is not on State land so as to —| (a) | obstruct the use of the public path by pedestrians or individuals on vehicles lawfully authorised under this Act to use such a public path; or | | (b) | create any inconvenience to the exercise of any right by any person under section 12 or 13. [38/2018] |
| (2) Subsection (1) does not apply if the obstruction or inconvenience is authorised or permitted by or under this Act or any other Act, or arises out of a lawful and reasonable use of the public path. [38/2018] |
| (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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