PART 1 | Short title and commencement |
| 1. This Act is the Point-to-Point Passenger Transport Industry Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette. |
2. In this Act, unless the context otherwise requires —| “applicant” means an applicant for or to renew a licence; |
“authorised driver” means an individual —| (a) | with a relevant vocational driving authorisation who drives a public service vehicle to transport passengers for hire or reward in the provision of a passenger transport service; or | | (b) | who is exempt under section 142 of the Road Traffic Act (Cap. 276) from requiring a relevant vocational driving authorisation to drive a public service vehicle to transport passengers for hire or reward; |
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| “authorised officer”, for any provision of this Act, means an officer or employee of the LTA who is appointed as an authorised officer under section 8 for the purposes of that provision; |
| “business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with point‑to‑point passenger transport services; |
“chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who —| (a) | is in the direct employment of, or acting for or by arrangement with, the licensee; and | | (b) | is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a street‑hail service or a ride‑hail service, as the case may be, |
| and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; |
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| “code of practice” means a code of practice issued or approved by the LTA under section 30, and includes any such code of practice as amended from time to time under that section; |
| “corporation” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes any foreign company within the meaning of the Companies Act (Cap. 50); |
| “director” has the meaning given by section 4(1) of the Companies Act; |
| “emergency directive” means a directive given under section 32; |
| “exempt ride-hail operator order” means an order made under section 24, and as varied under section 26; |
| “exempt ride‑hail service operator” means a person to which an exempt ride‑hail operator order applies; |
“fare” means the consideration paid or given for the use of a passenger transport service, whether or not it is paid or given to the provider of a ride‑hail service or street‑hail service, a driver or any other person; | | (a) | The price payable for the passenger transport service. |
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| | (b) | A discount, concession, allowance, rebate or credit applying in relation to the price payable for that service. |
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| | (c) | A booking fee for a ride‑hail service. |
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| “granted” or “grant”, for a licence, includes granted or grant on renewal and deemed granted; |
| “hirer” includes a prospective hirer of a motor vehicle; |
| “individual with disability” means an individual who has a mental disability, an impairment of hearing or sight, or an impairment which limits his or her ability to walk or restricts him or her to using a wheelchair; |
| “licence” means a licence granted under this Act; |
| “licensee” means a person to whom a licence is granted under this Act; |
| “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act (Cap. 163A); |
| “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A); |
| “modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition; |
| “motor vehicle” means a vehicle that is built to be propelled on a road wholly or in part by a motor that forms part of the vehicle, but does not include a mobility scooter, motorised wheelchair, power-assisted bicycle or personal mobility device within the respective meanings given by the Active Mobility Act 2017 (Act 3 of 2017); |
“officer”, in relation to an applicant or exempt ride‑hail service operator or a licensee, means —| (a) | where the applicant, operator or licensee is a body corporate, an individual for the time being holding the office of chairperson, director, chief executive officer or company secretary (as the case may be) of the body or any position analogous to any of those offices; | | (b) | where the applicant, operator or licensee is a partnership (including a limited partnership), a partner of the partnership; or | | (c) | where the applicant, operator or licensee is an unincorporated association, an individual for the time being holding the office of president, secretary or treasurer (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices, |
| and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant; |
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| “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; |
| “passenger” includes a prospective passenger; |
| “passenger transport service” means a service involving the transport by a motor vehicle of passengers within, or partly within, Singapore for hire or reward, but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road; |
“point‑to‑point passenger transport service” means —| (a) | a ride‑hail service; or | | (b) | a street‑hail service; |
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| “premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure; |
| “provide a point‑to‑point passenger transport service” means providing in the course of business a point‑to‑point passenger transport service; |
| “provider”, in relation to a point‑to‑point passenger transport service, means the person who provides the service; |
| “public service motor vehicle” means a public service vehicle which is a motor vehicle; |
| “public service vehicle” has the meaning given by the Road Traffic Act; |
| “Public Transport Council” or “PTC” means the Public Transport Council established under the Public Transport Council Act (Cap. 259B); |
| “Regulations” means any regulations made under section 53; |
| “regulatory action”, for a licensee, means any action in section 35(1) or (2) that may be taken by the LTA against a licensee; |
“relevant vocational driving authorisation” means a vocational licence granted under section 110 of the Road Traffic Act authorising the holder to drive one or more of the following classes of public service motor vehicles for the purpose of transporting passengers for hire or reward:| (a) | a taxi; | | (b) | a private hire car (within the meaning given by the Road Traffic Act) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car; | | (c) | a motor vehicle within a class allowed under section 101 of the Road Traffic Act to be used as a public service vehicle; |
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“representative”, for an exempt ride‑hail service operator or a licensee who is a provider of a ride‑hail service or street‑hail service, means an individual (whether or not an employee or officer of the operator or licensee) who —| (a) | is directly involved in the day-to-day management of the provision of that service; | | (b) | has the capacity, on behalf (as the case may be) of —| (i) | the provider of the ride‑hail service, to influence the safety of drivers who provide, and the motor vehicles driven in providing, the on‑demand passenger transport service to which the ride‑hail service relates; or | | (ii) | the provider of the street‑hail service, to influence the safety of drivers who provide, and the motor vehicles driven in providing, the street‑hail service; |
| | (c) | has access to and is authorised to provide any information relating to the ride‑hail service or street‑hail service (as the case may be) that is required by or under this Act; and | | (d) | is authorised to represent for the purposes of this Act the provider of the ride‑hail service or street‑hail service (as the case may be) in providing that service; |
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| “ride‑hail service licence” means a licence granted under Part 4; |
| “road” has the meaning given by section 2(1) of the Road Traffic Act; |
“safety incident”, in relation to a point‑to‑point passenger transport service, means —| (a) | an occurrence associated with the driving of a motor vehicle used in providing that service, where the vehicle is destroyed or damaged, abandoned or disabled, stranded or missing in operation; | | (b) | any situation where an individual —| (i) | dies as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service; or | | (ii) | is injured or incapacitated as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service; or |
| | (c) | any situation where any property is damaged as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service, |
| and “occurrence” includes an accident or a near accident; |
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| “street‑hail service licence” means a licence granted under Part 3; |
| “taxi” means a public service vehicle which is classified as a taxi under the Second Schedule to the Road Traffic Act; |
| “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose. |
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| Meaning of “street‑hail service” and associated terms |
3. In this Act, unless the context otherwise requires —| “provide a street‑hail service” means providing a street‑hail service in the course of business; |
| “related driver”, in relation to a licensee of a street‑hail service licence, means an authorised driver with whom the licensee has a related driver agreement; |
“related driver agreement”, in relation to a licensee of a street‑hail service licence, means an agreement or arrangement between the licensee and an authorised driver of a motor vehicle under which the driver is entitled to drive the motor vehicle to transport passengers for hire or reward as part of the street‑hail service authorised by the licence, and it does not matter —| (a) | whether or not the authorised driver is an employee or agent of the licensee; and | | (b) | whether the motor vehicle is hired from the licensee; |
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“street‑hail service” means a passenger transport service —| (a) | provided using motor vehicles which are taxis, 2 or more of which at any time in a year are taxis owned by the provider of that service; and | | (b) | under which any individual can hail or hire on‑demand such a motor vehicle when it is —| (i) | standing or plying for hire on a road; and | | (ii) | authorised under this Act or the Road Traffic Act to stand or ply for hire on a road (whether or not the motor vehicle is hired by other means for the purposes of providing that passenger transport service). |
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| Meaning of “ride‑hail service” and associated terms |
4.—(1) In this Act, unless the context otherwise requires —“bookable vehicle” means any of the following motor vehicles:| (a) | a taxi; | | (b) | a private hire car (within the meaning given by the Road Traffic Act) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car; | | (c) | a motor vehicle that is within a class allowed under section 101 of the Road Traffic Act to be used as a public service vehicle, and is prescribed as permissible for the purposes of this definition; |
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| “booking”, in relation to a ride‑hail service, means a booking for a motor vehicle to be used in providing an on‑demand passenger transport service taken or facilitated by the provider of the ride‑hail service; |
“on‑demand passenger transport service” means a passenger transport service —| (a) | provided using bookable vehicles; | | (b) | in which the passenger or hirer determines or substantially determines the locations for the beginning and end of the journey and the time of travel; and | | (c) | which does not involve a street‑hail service; |
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“on‑demand ride booking service” means —| (a) | a service that involves —| (i) | taking or facilitating bookings for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time); and | | (ii) | communicating the bookings to —| (A) | providers of on‑demand passenger transport services; | | (B) | other providers of on‑demand ride booking services; or | | (C) | drivers of bookable vehicles made available, or to be made available, to carry out the on‑demand passenger transport services; |
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| | (b) | a service that involves taking or facilitating bookings for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time), where the person who takes or facilitates the bookings is an authorised driver carrying out the service; | | (c) | a service that involves the provision of passenger transport services by bookable vehicles for hire or reward where the passengers are transported under a vehicle pooling arrangement as prescribed; or | | (d) | a service that the Regulations prescribe is an on‑demand ride booking service, |
| but excludes any service of a kind that the Regulations prescribe is not an on-demand ride booking service; |
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| “participating bookable driver”, in relation to a provider of a ride‑hail service, means an authorised driver who has a participating driver agreement with the provider; |
“participating driver agreement”, in relation to a provider of a ride‑hail service, means an agreement or arrangement between the provider of a ride‑hail service and a driver of a bookable vehicle under which —| (a) | the provider agrees to —| (i) | take or facilitate any booking by or on behalf of a passenger for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time) to the passenger; and | | (ii) | communicate the booking to participating bookable drivers; and |
| | (b) | the driver agrees to carry out the on‑demand passenger transport service in the booking by transporting the passenger for hire or reward, using a bookable vehicle, |
| and it does not matter whether or not the driver is an employee or agent of the provider of the ride‑hail service or whether the vehicle is hired from that provider; |
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| “provide a ride‑hail service” means providing in the course of business a ride‑hail service; |
“ride‑hail service” means —| (a) | an on‑demand passenger transport service; or | | (b) | an on‑demand ride booking service. |
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(2) For the purpose of determining whether a person provides a ride‑hail service in Singapore, it does not matter —| (a) | that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the service; or | | (b) | that the provider of the ride‑hail service is located outside Singapore, if the on‑demand passenger transport service to which the ride‑hail service relates is provided wholly or partly within Singapore. |
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(3) To avoid doubt, a person provides —| (a) | an on‑demand ride booking service if the person contracts with, or arranges for, other persons to provide the on‑demand passenger transport service booked through the ride booking service unless excluded by the Regulations; or | | (b) | a ride-hail service if the person provides an on‑demand passenger transport service and takes bookings for that on‑demand passenger transport service. |
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| (4) However, in this Act, a person is not to be regarded as providing an on‑demand passenger transport service solely because the person drives a public service motor vehicle for use in carrying out that service. |
(5) For the purposes of this Act, an on‑demand passenger transport service relates to a ride‑hail service if the on‑demand passenger transport service is or is to be carried out as a result of a booking taken or facilitated by —| (a) | a provider of an on‑demand ride booking service comprised in the ride‑hail service; or | | (b) | a provider of the ride‑hail service. |
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5. The purposes of this Act are to regulate the provision of point‑to‑point passenger transport services so as —| (a) | to facilitate the delivery of safe, reliable, efficient and customer‑focused point‑to‑point passenger transport services in Singapore; and | | (b) | to enable the development and operation of innovative and accessible point‑to‑point passenger transport services which contribute to the mobility and safety of people in Singapore. |
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6.—(1) This Act extends to any conduct outside Singapore, or partly inside or partly outside Singapore, that results in the provision of any point‑to‑point passenger transport service for journeys by motor vehicles within, or partly within, Singapore.| (2) This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act. |
| (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government. |
| (4) Nothing in this Act requires the LTA and the PTC, respectively, to hold a licence in order to discharge their respective functions or exercise their respective powers under any Act. |
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7.—(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of point‑to‑point passenger transport services, and to otherwise administer this Act.(2) In discharging the functions and duties imposed on it by subsection (1), the LTA must have regard to the need —| (a) | for reliable, safe and convenient passenger travel on motor vehicles and other forms of land transport in Singapore; | | (b) | for ensuring that any person licensed or otherwise authorised under this Act to provide in Singapore point‑to‑point passenger transport services is able to do so efficiently; and | | (c) | for sustainability, adequacy and optimisation of capacity across the network of public passenger transport services on land for journeys within Singapore. |
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| (3) No liability shall lie personally against any member, officer or employee of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act. |
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8.—(1) The LTA may, in relation to any provision of this Act or the Regulations, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case.| (2) The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or the Regulations (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the LTA may specify; and any reference in that provision of this Act or the Regulations to the LTA includes a reference to such an authorised officer. |
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