PART 9
PUBLIC TRANSPORT OFFICIALS
Appointment of public transport officials
51.—(1)  The Council may, with the approval of the Minister, in writing appoint any employee or class of employees of a public bus operator, a licensed rapid transit system operator or the Council to be public transport officials for the purposes of this Part.
[31/2015]
(2)  The Council may also appoint any employee or class of employees of the LTA to be public transport officials for bus services that the LTA operates in Singapore.
[31/2015]
(3)  Subject to the directions of the Council under subsection (5), a public transport official may require any individual who is travelling or attempting to travel on, or has travelled on —
(a)any bus that is part of a bus service provided by a public bus operator; or
(b)any train that is part of a train service provided by a licensed rapid transit system,
to produce to the public transport official the individual’s ticket for the journey for inspection and, if the ticket is a concession ticket, evidence of the individual’s entitlement to the concession.
[31/2015]
(4)  Subject to the directions of the Council under subsection (5), a public transport official may seize any ticket produced under subsection (3) if the public transport official has reason to believe that the ticket is an invalid ticket.
[31/2015]
(5)  The Council may give directions to public transport officials in relation to the offering of an opportunity to pay penalty fees under section 53 and the exercise of any of their powers under this Part.
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[31/2015]
Identification card to be produced
52.—(1)  Every public transport official when exercising any powers under this Part must —
(a)declare his or her office; and
(b)on demand, produce to any person affected by the exercise of those powers such identification card as the Council may direct to be carried by a public transport official.
(2)  It is not an offence for any person to refuse to comply with any request, demand or order made or given by any public transport official if the public transport official refuses to declare his or her office and produce his or her identification card, on demand being made by the person.
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Penalty fee for bus fare or train fare evasion
53.—(1)  A public transport official who believes on reasonable grounds that an individual —
(a)who is travelling or attempting to travel or has travelled on a bus that is part of a bus service provided by a public bus operator; or
(b)who is travelling or is attempting to travel (including entering a paid area within any railway premises) or has travelled on a train that is part of a train service provided by a licensed rapid transit system,
is evading or has evaded payment of the fare lawfully required of the individual’s use of the bus or train (as the case may be) may, by notice, offer the individual concerned an opportunity to pay a penalty fee of the prescribed amount.
[31/2015]
(2)  Every offer of an opportunity to pay a penalty fee is subject to directions given by the Council under section 51(5).
[31/2015]
(3)  An individual who is given an offer by a public transport official of an opportunity to pay a penalty fee under subsection (1) may, within the prescribed period and in accordance with the prescribed procedure, appeal to the Council to hear such appeal against the offer.
[31/2015]
(4)  On receiving an appeal under subsection (3), the Council, or an officer designated by the Council to hear the appeal, may —
(a)confirm the offer by the public transport official, and vary the time within which the penalty fee must be paid; or
(b)cancel the offer by the public transport official the making of which is, in the opinion of the Council or officer, not equitable,
and every decision on appeal is final.
[31/2015]
(5)  An individual who is offered by a public transport official an opportunity to pay a penalty fee may accept the offer by paying the penalty fee, or by arranging for another person to pay the penalty fee —
(a)to a person directed by the public transport official and authorised by the Council to receive payments of penalty fees; or
(b)to the Council itself,
in the manner and within the time determined by the Council or under subsection (4)(a) if an appeal under subsection (3) is made.
[20/2019]
(6)  An offer of an opportunity to pay a penalty fee is withdrawn if the penalty fee is not paid within the time referred to in subsection (5).
[31/2015]
(7)  On receiving payment of the penalty fee under subsection (5), the Council must give or cause to be given to the individual a receipt acknowledging that payment.
[31/2015; 20/2019]
(8)  An individual who pays (by himself or herself or by arrangement with another) a penalty fee in accordance with subsection (5) cannot be prosecuted for an offence under section 54 or offered composition under section 67.
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[31/2015]
Bus fare or train fare evasion
54.—(1)  An individual who is evading or has evaded payment of the fare in relation to —
(a)a bus that is part of a bus service provided by a public bus operator; or
(b)a train that is part of a train service provided by a licensed rapid transit system,
shall be guilty of an offence and shall be liable on conviction —
(c)to a fine not exceeding $1,000; and
(d)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.
[31/2015]
(2)  A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, whether before, on or after 29 February 2016, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence.
[31/2015]
(3)  In subsection (2), a qualifying offence means —
(a)an offence under subsection (1); or
(b)an offence under section 24C(5) of this Act as in force before 29 February 2016.
[31/2015]
(4)  For the purposes of this section and section 53, an individual evades payment of a fare in relation to a bus or train if the individual —
(a)when attempting to travel, for an intended journey on the bus or train (including entering a paid area within any railway premises), without reasonable excuse —
(i)does not pay the fare lawfully required;
(ii)if using a smartcard ticket, does not tap in;
(iii)attempts to travel on a concession fare without being entitled to the concession; or
(iv)attempts to travel on an invalid ticket;
(b)in relation to all or part of a journey travelled on the bus or train, without reasonable excuse —
(i)does not pay the fare lawfully required;
(ii)if using a smartcard ticket, does not tap in or tap out;
(iii)travels on a concession fare without being entitled to the concession; or
(iv)travels on an invalid ticket; or
(c)without reasonable excuse, does or omits to do any other act that is prescribed in relation to any journey or intended travel on a bus or train.
[31/2015]
(5)  For the purposes of this section and section 53, an individual is presumed, until the contrary is proved, to evade payment of a fare in relation to a bus or train if the individual, when requested by a public transport official —
(a)fails to produce to the public transport official any ticket for the individual’s journey;
(b)produces to the public transport official a concession ticket for the individual’s journey and then fails to produce evidence of the individual’s entitlement to the concession;
(c)produces to the public transport official a smartcard ticket for the individual’s journey that, upon inspection by the official using a smartcard reader, is an invalid ticket, and then fails to produce a valid ticket for the journey; or
(d)produces to the public transport official a ticket that is not a smartcard for the individual’s journey that, upon inspection by the official, is an invalid ticket, and then fails to produce a valid ticket for the journey.
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[31/2015]
Evidentiary provisions in proceedings for bus fare or train fare evasion
55.—(1)  If a fact relating to a smartcard ticket is relevant in proceedings relating to an offence under section 54, evidence of that fact as indicated or determined by —
(a)a prescribed device that was used in the prescribed manner (if any); or
(b)a printed document that was produced by a prescribed process,
is admissible in evidence in those proceedings.
[31/2015]
(2)  For the purposes of this section, a fact relates to a smartcard ticket if it relates to —
(a)the smartcard ticket itself, including its type, identifying numbers and manner of acquisition;
(b)the holder of the smartcard ticket;
(c)the existence, or possible existence, of an entitlement to use a bus service or train service; or
(d)the use of the smartcard ticket.
[31/2015]
(3)  A certificate purporting to be issued by a public transport official who used a smartcard reader to read, copy or transfer information from a smartcard ticket produced to the public transport official for inspection certifying as to the information read, copied or transferred from the smartcard ticket in relation to all or any of the following matters:
(a)the smartcard ticket number;
(b)the smartcard ticket type;
(c)the name of the smartcard ticket holder;
(d)the use of the smartcard ticket;
(e)the entitlement to use a bus service or train service,
is admissible in evidence in any proceedings relating to an offence under section 54.
[31/2015]
(4)  Subject to subsection (10), if a certificate is issued under subsection (3) in respect of a smartcard ticket, it is presumed for the purposes of any proceedings relating to an offence under section 54 that the smartcard ticket had accurately recorded and discharged the information recorded, copied or transferred from it by the smartcard reader.
[31/2015]
(5)  Subject to subsection (10), if the prosecution, in proceedings relating to an offence under section 54 serves on the accused, by the required time, a copy of a certificate referred to in subsection (3), the certificate is conclusive proof of —
(a)the facts and matters stated in that certificate;
(b)the fact that the smartcard reader used was a prescribed device;
(c)the fact that the smartcard reader was used in the prescribed manner (if any); and
(d)the fact that the smartcard reader had operated correctly.
[31/2015]
(6)  Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a notice setting out the presumptions set out in subsection (4), the facts that are the subject of the presumptions are to be taken to have been conclusively proved.
[31/2015]
(7)  A certificate purporting to be issued by a person authorised by the Chief Executive certifying that —
(a)at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or
(b)at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process,
is admissible in evidence in any proceedings relating to an offence under section 54.
[31/2015]
(8)  Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a copy of a certificate referred to in subsection (7), the certificate is conclusive proof —
(a)that the person giving the certificate was authorised to do so;
(b)in the case of a certificate under subsection (7)(a), of —
(i)the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and
(ii)the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and
(c)in the case of a certificate under subsection (7)(b), of —
(i)the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and
(ii)the facts indicated or determined by the printed documents.
[31/2015]
(9)  In this section, “required time” means no less than 56 days before the hearing for the relevant offence under section 54.
[31/2015]
(10)  The accused in any proceedings relating to an offence under section 54 may give written notice to the prosecution at least 28 days before the hearing, or any shorter period ordered by the court or agreed to by the prosecution, that —
(a)the accused requires the person giving a certificate referred to in subsection (3) or (7) to be called as a witness;
(b)the accused intends to adduce evidence in rebuttal of any fact or matter contained in the certificate; or
(c)the accused intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in subsection (4).
[31/2015]
(11)  To avoid doubt, nothing in this section prevents the prosecution adducing evidence to explain any fact or matter contained in a certificate referred to in this section.
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[31/2015]
Offence of non-payment of ride-hail fare or street-hail fare
56.—(1)  A passenger of a taxi commits an offence if —
(a)the passenger is transported on a journey within or partly within Singapore in the taxi provided in the course of a street‑hail service; and
(b)the passenger, without reasonable excuse, fails or refuses, at the end of the journey and after a demand by the driver of the taxi, to pay the street‑hail fare for the journey which is collectible under this Act.
[20/2019]
(2)  A passenger of a bookable vehicle commits an offence if —
(a)the passenger is transported on a journey within or partly within Singapore in the bookable vehicle provided in the course of an on‑demand passenger transport service to which a ride‑hail service relates; and
(b)the passenger, without reasonable excuse, fails or refuses, at the end of the journey and after a demand by the driver of the bookable vehicle, to pay the ride‑hail fare for the journey which is collectible under this Act.
[20/2019]
(3)  A passenger who is guilty of an offence under subsection (1) or (2) shall be liable on conviction either —
(a)to a fine not exceeding $1,000; or
(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.
[20/2019]
(4)  A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, before the date on which the person is convicted or found guilty of the current offence, of any of the following offences:
(a)an offence under subsection (1);
(b)an offence under section 24D as in force before 30 October 2020.
[20/2019]
(5)  A person is a repeat offender in relation to an offence under subsection (2) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, before the date on which the person is convicted or found guilty of the current offence, of any of the following offences:
(a)an offence under subsection (2);
(b)an offence under section 24D as in force before 30 October 2020.
[24D
[20/2019]
Power to require evidence of identity
57.—(1)  Any individual who is required by a public transport official to pay a penalty fee must —
(a)give his or her name and address and any other proof of identity; and
(b)furnish any other particulars,
that the public transport official may require.
[20/2019]
(2)  Any individual who refuses to furnish any information required of him or her by any public transport official under subsection (1) or wilfully misstates such information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
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Powers of arrest
58.—(1)  A public transport official or police officer may arrest without warrant any individual whom he or she has reason to believe has committed an offence under this Part, if the name and address of the individual are unknown to him or her and —
(a)the individual declines to give his or her name or address; or
(b)there is reason to doubt the accuracy of the name or address, if given.
(2)  An individual arrested under subsection (1) may be detained until his or her name and address are correctly ascertained.
(3)  An individual arrested under subsection (2) must not be detained longer than is necessary for bringing him or her before a court.
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