PART 6 | Division 1 — Regulatory action |
| Suspension or revocation, etc., of licence |
35.—(1) Subject to section 36, if the LTA is satisfied that —| (a) | a licensee is contravening or not complying with, or has contravened or failed to comply with —| (i) | any of the conditions of its licence; | | (ii) | any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act; | | (iii) | any provision of a code of practice applicable to the licensee; or | | (iv) | any direction given to the licensee under section 31 or subsection (2)(c), (d) or (f); |
| | (b) | the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; | | (c) | the licensee has made any assignment to, or composition with, its creditors or, if a corporation, is unable to pay its debts; | | (d) | the licensee is not providing an adequate and satisfactory street‑hail service or ride‑hail service, as the case may be; | | (e) | the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence; | | (f) | the licence had been obtained by the licensee by fraud or misrepresentation; | | (g) | any part of the periodic licence fee required by section 14 or 20 is in arrears; or | | (h) | the public interest of Singapore requires, |
| the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act. |
(2) However, the LTA may, in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following:| (a) | censure the licensee in writing; | | (b) | modify any condition of the licence (sections 16(2) and 22(2) being disapplied); | | (c) | direct the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for either or both the following:| (i) | to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee; | | (ii) | for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee; |
| | (d) | direct the licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); | | (e) | suspend the licence without any compensation for not more than 3 months; | | (f) | direct the licensee to pay, within a period specified in a direction, a financial penalty of such amount as the LTA thinks fit, but not exceeding the maximum specified in subsection (6). |
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| (3) Where any financial penalty is imposed on a licensee under subsection (2) for contravening or not complying with any condition in its licence or any code of practice applicable to the licensee, any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee must not be forfeited by the LTA for that contravention except to the extent to pay the financial penalty. |
| (4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or the person’s conviction as final and conclusive. |
| (5) For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 254(2) or 351(2) (as the case may be) of the Companies Act. |
(6) The highest of the following is the maximum financial penalty that a licensee holding a street‑hail service licence or ride‑hail service licence may be directed under subsection (2)(f) to pay at the end of proceedings under this section with a view to regulatory action:| (a) | $100,000; | | (b) | 10% of the annual turnover from the licensee’s business of providing a street‑hail service or ride‑hail service (as the case may be) ascertained from the licensee’s latest audited accounts; | | (c) | $100,000 for each contravention or failure to comply that is the subject of the regulatory action where the ground of the regulatory action is subsection (1)(a); | | (d) | 10% of the annual turnover from the licensee’s business of providing a street‑hail service or ride‑hail service (as the case may be) ascertained from the licensee’s latest audited accounts, for each act done or omission made that results in a failure to provide an adequate and satisfactory street‑hail service or ride‑hail service, where the ground of the regulatory action is subsection (1)(d). |
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| (7) All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund. |
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| Proceedings for regulatory action |
36.—(1) Before exercising any powers under section 35(1) or (2) in relation to a licensee, the LTA must give written notice to the licensee concerned —| (a) | stating that the LTA intends to take regulatory action against the licensee; | | (b) | specifying the type of action in section 35(1) or (2) the LTA proposes to take, and each ground and each instance of non‑compliance (where applicable), that is the subject of the action; and | | (c) | specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed action. |
| (2) The LTA may, after considering any written representation mentioned in subsection (1)(c), decide to take such regulatory action in section 35(1) or (2) as the LTA considers appropriate. |
| (3) Where the LTA has made any decision under subsection (2) against any licensee, the LTA must serve on the licensee concerned a notice of its decision. |
| (4) Subject to section 44, a decision to revoke a licence under section 35(1), or to impose a regulatory action in section 35(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. |
(5) Any suspension or revocation of any licence under section 35 with respect to a licensee does not affect —| (a) | the enforcement by any person of any right or claim against the licensee or the former licensee, as the case may be; or | | (b) | the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person. |
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| Division 2 — Enforcement powers |
| Purpose for which enforcement powers are exercisable by authorised officers |
37.—(1) An authorised officer may exercise the powers set out in this Division for any of the following purposes:| (a) | to determine compliance with this Act and the Regulations, including whether an offence under this Act or the Regulations has been committed; | | (b) | to determine compliance with any condition of a licence or in an exempt ride‑hail operator order with respect to any exempt ride‑hail service operator; | | (c) | to determine whether information provided to the LTA under a provision of this Act or its subsidiary legislation is correct; | | (d) | to investigate whether there are grounds for taking any regulatory action against a licensee. |
| (2) To avoid doubt, nothing in this Division limits section 39 of the Land Transport Authority of Singapore Act with respect to an offence under this Act or the Regulations. |
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| Powers of entry, etc., at premises |
38.—(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any point‑to‑point passenger transport service, and do all or any of the following at the premises:| (a) | to examine any thing or observe any activity conducted in or on the premises; | | (b) | to search the premises and any thing in or on the premises; | | (c) | to make a still or moving image or recording of the premises and any thing in or on the premises; | | (d) | to inspect any document in the premises and take extracts from, or make copies of, any such document; | | (e) | to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; | | (f) | to operate electronic equipment in or on the premises; | | (g) | to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that —| (i) | the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening any condition of a licence or in an exempt ride‑hail operator order or any code of practice, direction or emergency directive under this Act; and | | (ii) | it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; |
| | (h) | to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph (g)(i); | | (i) | to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for the purposes of section 37. |
(2) However, an authorised officer is not authorised by subsection (1) —| (a) | to enter any premises except —| (i) | with the consent of the occupier; or | | (ii) | under a warrant of a Magistrate’s Court or District Court; |
| | (b) | to search any premises unless the search is made under a warrant of a Magistrate’s Court or District Court; or | | (c) | to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court. |
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| (3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter the premises, search the premises or seize any thing (as the case may be) for the purposes of section 37. |
(4) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —| (a) | to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; | | (b) | to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and | | (c) | to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —| (i) | is brought to the premises for the exercise of the power; or | | (ii) | is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, |
| and to remove the disk, tape or other storage device from those premises. |
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(5) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —| (a) | to secure the thing by locking it up, placing a guard or any other means; and | | (b) | to prohibit any person from dealing with such thing. |
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(6) The power to require an individual to provide any document or information under subsection (1)(i) includes the power —| (a) | to require that individual to provide an explanation of the document or information; | | (b) | if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and | | (c) | if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form. |
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| (7) Sections 370, 371 and 372 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, when an authorised officer seizes any thing under this section. |
(8) In this section, “relevant person” means —| (a) | a person to whom a licence is or was granted; | | (b) | a person who is or was an exempt ride‑hail service operator; | | (c) | an individual who is or was an officer or a representative of a person mentioned in paragraph (a) or (b); | | (d) | an individual who is or was an employee of the provider of a point‑to‑point passenger transport service; | | (e) | a person whom an authorised officer suspects on reasonable grounds is or was the provider of any point‑to‑point passenger transport service, or an agent of such a person; or | | (f) | an individual who is or was —| (i) | a related driver of a licensee of a street‑hail service licence; or | | (ii) | a participating bookable driver of a licensee of a ride‑hail service licence or an exempt ride‑hail service operator. |
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| Powers in relation to motor vehicles |
39.—(1) An authorised officer may do all or any of the following in relation to a motor vehicle which the authorised officer reasonably believes to be used for or in connection with the provision of any point‑to‑point passenger transport service:| (a) | to stop and detain the vehicle for as long as is reasonably necessary for the exercise of any other power of the authorised officer under this section; | | (b) | to inspect the vehicle and any equipment in or on the vehicle; | | (c) | to make a still or moving image or recording of the vehicle and any thing in or on the vehicle; | | (d) | to inspect any document in the vehicle and take extracts from, or make copies of, any such document; | | (e) | to operate a computer or other thing in or on the vehicle; | | (f) | to require the driver or any passenger of the vehicle, or a person in possession of the vehicle, to answer any question (to the best of that individual’s or person’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for the purposes of section 37. |
(2) The power to require an individual or person to provide any document or information under subsection (1)(f) includes the power —| (a) | to require that individual or person to provide an explanation of the document or information; | | (b) | if the document or information is not provided, to require that individual or person to state, to the best of the individual’s or person’s knowledge and belief, where it is; and | | (c) | if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form. |
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| Power to obtain information |
40.—(1) An authorised officer may by written notice require any licensee or exempt ride‑hail service operator to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —| (a) | relate to any matter which the authorised officer considers necessary for the purposes of section 37; and | | (b) | are —| (i) | within the knowledge of that licensee or exempt ride‑hail service operator, as the case may be; or | | (ii) | in the custody or under the control of the licensee or exempt ride‑hail service operator, as the case may be. |
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(2) The power to require a licensee or an exempt ride‑hail service operator to provide any document or information under subsection (1) includes the power —| (a) | to require that licensee or exempt ride‑hail service operator, or any individual who is or was an officer or agent or a representative of the licensee or exempt ride‑hail service operator (as the case may be), to provide an explanation of the document or information; | | (b) | if the document or information is not provided, to require that licensee, exempt ride‑hail service operator or individual to state, to the best of the knowledge and belief of that licensee, exempt ride‑hail service operator or individual (as the case may be), where it is; and | | (c) | if the information is recorded otherwise than in legible form, to require the information to be made available to the LTA or an authorised officer in legible form. |
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| (3) The LTA is entitled without payment to keep any document or information, or any copy or extract, provided to the LTA or an authorised officer under subsection (1) or section 38(1)(i) or 39(1)(f). |
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41.—(1) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer under section 38(1) or 39(1), or by notice under section 40(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(2) A person —| (a) | who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer under section 38(1)(i) or 39(1)(f), or by a notice under section 40(1) to provide; or | | (b) | who, in providing any document or information required by an authorised officer under section 38(1)(i) or 39(1)(f), or by a notice under section 40(1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it 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. |
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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 person —| (a) | does not possess the document or information required; or | | (b) | has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. |
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| (4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person. |
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42.—(1) The LTA or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. |
| (2) On payment of such sum of money, no further proceedings are to be taken against that person in respect of the offence. |
| (3) All sums collected under this section must be paid into the Consolidated Fund. |
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