Application for approval of fares
24.—(1)  An application for the Council’s approval of the price of, or the pricing policy for, any bus fare or train fare, must —
(a)be made in such form and manner as the Council may determine; and
(b)be supported by such documents (including certified copies of any balance-sheet and profit and loss account, and any auditor’s report, relating to the applicant’s undertaking) as the Council may require.
[Act 31 of 2015 wef 22/01/2016]
(2)  In considering any application for approval of the price of, or the pricing policy for, any bus fare or train fare, the Council must take into account —
(a)the need for the applicant to remain financially viable;
(b)the requirements imposed by or under section 24AB;
(c)the need for fare concessions to address the interests of certain passengers like the elderly and students;
(d)facilitating integrated and seamless travel by passengers making journeys which involve the use of —
(i)the bus services and train services of more than one bus operator (whether or not a public bus operator) or rapid transit system operator;
(ii)more than one bus service or train service (whether or not operated by the same person); or
(iii)both bus services and train services (whether or not operated by the same person);
(e)facilitating the integration of bus fares and train fares;
(f)the need to optimise the bus and rapid transit system network capacity of buses and trains and to ensure economic, financial and technical viability of the public bus system and the rapid transit system;
(g)whether increases in bus fares or train fares could cause financial hardship to commuters because there is, or is imminent, a severe economic recession in Singapore or other extenuating circumstances; and
(h)the need for public interest to be safeguarded.
[Act 31 of 2015 wef 22/01/2016]
(3)  On receipt of an application under subsection (1), the Council may —
(a)refuse the application; or
(b)approve the application subject to such conditions as the Council thinks fit, such as any requirement in section 24AA(5)(b), (c) or (d).
[Act 31 of 2015 wef 22/01/2016]
(3A)  The Council’s approval under subsection (3) or decision on review under section 24AA may be expressed in one or more of the following terms:
(a)fixing the price or the rate of increase or decrease in the price of bus fares or train fares;
(b)fixing a maximum or minimum price, or a maximum rate of increase in the maximum price, of bus fares or train fares;
(c)fixing an average price for specified bus services or train services, or an average rate of increase or decrease in the average price of bus fares or train fares;
(d)specifying pricing policies or principles for bus fares or train fares, including a policy or principle requiring prospective passengers to be informed in advance of any change in bus fares or train fares;
(e)specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;
(f)specifying an amount determined by reference to quantity (such as number of journeys or passengers), location, period or other specified factor relevant to the supply of the bus services or train services;
(g)any other terms the Council considers appropriate.
[Act 31 of 2015 wef 22/01/2016]
(4)  Subject to subsection (6), the Council may, by order and without compensation, revoke any approval granted under subsection (3)(b) or section 24AA if the Council is satisfied that —
(a)the applicant has failed to comply with any condition imposed by the Council under subsection (3)(b) or requirements in section 24AA(5) on that approval;
(b)the approval had been obtained by fraud or misrepresentation;
(c)the applicant has been convicted of an offence under this Act;
(d)it is in the public interest to do so; or
(e)the applicant has refused or failed to comply with an order of the Council made under subsection (5)(b) or subsection (3)(b) or with section 24AC.
[Act 31 of 2015 wef 22/01/2016]
(5)  Subject to subsection (6), the Council may, in any case in which it considers that no cause of sufficient gravity exists for revoking any approval granted under subsection (3)(b) to an applicant for such approval, by order —
(a)suspend the approval for a period not exceeding 6 months;
(b)impose on the applicant concerned a financial penalty of an amount not exceeding $100,000; or
(c)publicly censure the applicant concerned.
(6)  Before exercising any of its powers under subsection (4) or (5), the Council shall —
(a)give to the applicant concerned notice in writing of its intention to do so; and
(b)in such notice, call upon the applicant to show cause within such period as may be specified in the notice as to why the Council should not make any order under subsection (4) or (5), being a period of at least 7 days after the Council informs the applicant concerned of such intention.
(7)  If the applicant —
(a)fails to show cause within the period of time given or such extended period of time as the Council may allow; or
(b)fails to show sufficient cause,
as to why the order under subsection (4) or (5), as the case may be, should not be made, the Council shall give notice in writing to the applicant concerned of the Council’s order made under the respective subsection.
(8)  In any proceedings under subsection (4) or (5) in relation to the conviction of an applicant for a criminal offence, the Council shall accept the applicant’s conviction as final and conclusive.
(9)  Nothing in this section requires —
(a)the LTA to apply to the Council for approval of bus fares —
(i)for bus services provided under a public bus services contract (within the meaning of the Bus Services Industry Act 2015) to which the LTA is a party; or
(ii)for bus services provided by the LTA when LTA operates the bus services; or
(b)a public bus operator which provides a bus service according to the provisions of a public bus services contract to apply to the Council for approval of bus fares for the bus service specified in that contract.
[Act 31 of 2015 wef 22/01/2016]