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).
(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).
(7)  All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund.
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.