PART I | REGISTRATION AND LICENSING OF VEHICLES |
| Vehicles to which this Part applies |
| 3. Subject to section 33, this Part shall apply to all vehicles and trailers. |
| Classification of motor vehicles |
4.—(1) For the purposes of this Act and of the rules, motor vehicles shall be divided into the following classes:| (a) | heavy locomotives; that is to say, motor vehicles which are not constructed themselves to carry any load (other than water, fuel, accumulators and other equipment and materials used for the purpose of propulsion, loose tools and loose equipment) and the weight of which unladen exceeds 11,500 kilograms; | | (b) | light locomotives; that is to say, motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a)) and the weight of which unladen does not exceed 11,500 kilograms but exceeds 7,250 kilograms; | | (c) | motor tractors; that is to say, motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a)) and the weight of which unladen does not exceed 7,250 kilograms; | | (d) | heavy motor cars; that is to say, motor vehicles (not being vehicles classified under this section as motor cars) which are constructed themselves to carry a load or passengers and the weight of which unladen exceeds 2,500 kilograms; | | (e) | motor cars; that is to say, motor vehicles (not being vehicles classified under this section as motor cycles) which are constructed themselves to carry a load or passengers and the weight of which unladen —| (i) | does not exceed 3,000 kilograms in the case of motor vehicles which are —| (A) | constructed solely for the carriage of passengers and their effects; | | (B) | adapted to carry not more than 7 passengers exclusive of the driver; and | | (C) | fitted with tyres of the prescribed type; and |
| | (ii) | in any other case does not exceed 2,500 kilograms; |
| | (f) | motor cycles; that is to say, motor vehicles with less than 4 wheels and the weight of which unladen does not exceed 400 kilograms; | | (g) | invalid carriages; that is to say, motor vehicles the weight of which unladen does not exceed 250 kilograms and which are specially designed and constructed and not merely adapted for the use of persons suffering from some physical defect or disability and are used solely by such persons. |
| (2) The Authority may make rules for subdividing any such class as aforesaid whether according to weight, construction, nature of tyres, use or otherwise and making different provision with respect to each subdivision and varying in respect of any class the maximum or minimum weight fixed by this section. [Act 28/95 wef 01/09/1995] |
| (3) Any reference in this Part to a class of motor vehicles shall include a reference to any subdivision of such a class. |
(4) For the purposes of this Part —| (a) | in any case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load; | | (b) | in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load but shall be deemed to form part of the vehicle; and | | (c) | a side-car attached to a motor cycle shall, if it complies with the prescribed conditions, be regarded as forming part of the vehicle to which itis attached and not as being a trailer. |
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| Prohibition of vehicles not complying with rules as to construction,etc. |
5.—(1) Subject as hereinafter provided, it shall not be lawful to use a vehicle ortrailer which does not comply with the rules as to construction, weight andequipment applicable to the class or description of vehicles to which thevehicle or trailer belongs:| Provided that the Authority may by notification in theGazette, authorise, subject to such restrictions andconditions as may be specified in the notification, the use of specialvehicles or trailers or special tyres of vehicles or trailers which areconstructed either for special purposes or for tests or trials and of new orimproved types of vehicles or trailers whether wheeled or wheel-less. |
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[Act 28/95 wef 01/09/1995] | (2) The Authority may at any time revoke, vary or amend a notification madeunder this section. |
| (3) Subject to this section, it shall not be lawful to sell or to supply or tooffer to sell or supply a vehicle or trailer for delivery in such a conditionthat the use thereof in that condition would be unlawful by virtue of thissection. |
| (4) Subject to this section, it shall not be lawful to alter a vehicle ortrailer so as to render its condition such that the use thereof in thatcondition would be unlawful by virtue of this section. |
| (5) If a vehicle or trailer is used or is sold, supplied, offered or altered incontravention of this section, any person who so uses the vehicle or traileror causes or permits the vehicle to be so used or so sells, supplies, offersor alters it or causes or permits it to be so sold, supplied, offered oraltered shall be guilty of an offence. |
| (6) A person shall not be convicted for an offence under this section inrespect of the sale, supply, offer or alteration of a vehicle or trailer if heproves that it was sold, supplied, offered or altered, as the case may be, forexport from Singapore, or that he had reasonable cause to believe that thevehicle or trailer would not be used in Singapore or would not be so useduntil it had been put into a condition in which it might lawfully be soused. |
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| Rules as to use and construction of vehicles |
6. The Authority may make rules generally as to the use of vehicles and trailers, their construction and equipment and the conditions under which they may be used and, in particular, may make rules —| (a) | to regulate the width, height, wheel base, length and overhang of vehicles and trailers and the load carried thereby, the diameter of wheels and the width, nature and condition of tyres of vehicles and trailers and to prohibit the use of any tyres likely to cause damage to the roads; | | (b) | to prohibit excessive noise due to the design or condition of the motor vehicle or trailer or the loading thereof; | | (c) | to regulate the maximum weight unladen of heavy locomotives and heavy motorcars and the maximum weight laden of motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such a vehicle or trailer in contact with the road and the conditions under which the weights may be required to be tested; | | (d) | to prescribe the particulars to be marked on vehicles and trailers; | | (e) | to specify the number and nature of springs and brakes on vehicles and trailers and to secure that springs, brakes, silencers and steering gear shall be efficient and kept in proper working order and for empowering any person or classes of persons named or described in such rules to test and inspect any such springs, brakes, silencers and steering gear on a road or, subject to the consent of the occupier of the premises, on any premises; | | (f) | to regulate the appliances to be fitted —| (i) | for signalling the approach of a vehicle or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear; | | (ii) | for intimating any intended change of speed or direction of a motor vehicle; or | | (iii) | for measuring or indicating or measuring and indicating the amount of motor spirit in the fuel tank of a motor vehicle, |
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| and to regulate or prohibit the use of any such appliance and to secure that they shall be efficient and kept in proper working order; |
| (g) | to regulate the lights to be carried by vehicles and trailers whether in respect of the nature of such lights, the positions in which they shall be fixed and the periods during which they shall be lighted or otherwise; | | (h) | to prescribe the safety equipment to be installed in vehicles; | | (i) | to control, in connection with the use of a motor vehicle, the emission of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas or grit; | | (j) | to regulate the towing or drawing of vehicles by motor vehicles and the manner of attachments; | | (k) | to prohibit in connection with the use of a motor vehicle the use of any appliance or the commission of any act which is likely to cause annoyance or danger; | | (l) | to regulate the number of trailers that may be attached in train to any motor vehicle, the manner of attachment and the manner in which the trailers shall be kept under control and the maximum weight thereof; | | (m) | to prescribe the number of persons to be employed in driving or attending motor vehicles or trailers and to regulate the duties and conduct of such persons; | | (n) | to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemption in special cases; and | | (o) | to regulate or prohibit either generally or in specified areas or roads and either at all times or between specified hours the use of horns or other warning appliances, |
| and different rules may be made in respect of different classes or descriptions of vehicles or in respect of the same class or description of vehicles in different circumstances. |
[Act 28/95 wef 01/09/1995] [20/89] |
| Alteration of fuel-measuring equipment |
| 6A.—(1) No person shall alter the fuel-measuring equipment of a motor vehicle for the purpose of preventing the fuel-measuring equipment from duly measuring or indicating the quantity of motor spirit in the fuel supply tank of the motor vehicle. [20/89] | (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months. |
| (3) Where there is found any artificial or mechanical means which, either alone or in conjunction with additional artificial or mechanical means not found, could be used for altering or facilitating the alteration of the index of the fuel-measuring equipment, or which would make the fuel-measuring equipment false or unjust in measuring or indicating the quantity of motor spirit in the fuel supply tank of that motor vehicle, the person having custody or control of the motor vehicle at the time such artificial or mechanical means are found shall be presumed, until the contrary is proved, to have abetted the alteration of the fuel-measuring equipment in contravention of subsection (1). |
| (4) In this section, “fuel-measuring equipment”, in relation to a motor vehicle, means any instrument or appliance, or a combination of instruments or appliances, capable of or constructed for measuring or indicating or measuring and indicating the quantity of motor spirit in the fuel supply tank of the motor vehicle and includes in particular any fuel gauge or fuel sensoring device. |
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| 7. Nothing in this Part shall authorise any person to use any vehicle or trailer so constructed or used as to cause a public or private nuisance or be deemed to affect the liability by virtue of any act or otherwise of the driver or owner so using such a vehicle. |
| 8. For the purposes of this Part, “licence” means a vehicle licence issued under the provisions of this Part. |
| Appointment of Registrar, Deputy Registrar and assistant registrars |
9.—(1) The Authority shall appoint one of its officers as the Registrar of Vehicles who shall carry out such duties as may be assigned to him under this Act and the rules.| (2) The Authority may appoint among its officers a Deputy Registrar and such number of assistant registrars as may from time to time be required for the purposes of this Act. |
| (3) The Authority may from time to time give to the Registrar such directions, not inconsistent with the provisions of this Act, as it may consider necessary for carrying out the provisions of this Part, and may from time to time vary or revoke such directions, and the Registrar shall comply with any directions so given. |
| (4) The Registrar shall cause to be printed and provided the forms of licences and of applications for the licences and all declarations, notices, returns, books or accounts and other documents required by the rules or otherwise bylaw required with respect to any matter to which this Act relates. [Act 28/95 wef 01/09/1995] |
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| 10.—(1) Except as otherwise provided by this Act or the rules, no person shall keep or use a vehicle unless it has been registered under this Act and its registration under this Act has not been cancelled. [7/90] | (2) The Registrar may charge such fees as may be prescribed for the registration of a vehicle under this Act. |
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| Vehicles not to be registered without permits issued byRegistrar |
| 10A.—(1) No vehicle shall be registered or, except as otherwise provided by this Actor the rules, continue to be registered under this Act unless there is inforce a permit issued by the Registrar authorising the registration of thevehicle. [7/90] [33/93] | (2) Except as otherwise provided by this Act or the rules, a permit shall beissued upon the payment of a levy. |
| (3) The Minister may from time to time, by notification in theGazette, prescribe a limit on the number of permits to beissued by the Registrar under subsection (1) and the Minister may prescribedifferent limits for vehicles belonging to any category, class ordescription. |
(4) The Minister may make rules for carrying out or giving effect to thissection and, in particular, the rules may —| (a) | provide for the issue of permits under this section to successfulapplicants who submitted bids for the permits; | | (b) | require fees and deposits to be paid for the submission of applications forthe issue of permits under this section, and provide for the forfeiture ofdeposits for non-compliance with any conditions governing the submission ofsuch applications; | | (c) | prescribe the levy, or the method or manner for determining the amount ofthe levy, payable for a permit issued under this section; | | (d) | prescribe the period for which a permit issued under this section is inforce and different periods may be prescribed for vehicles belonging todifferent categories, classes or descriptions; | | (e) | prescribe the conditions upon which permits are issued under thissection; | | (ea) | provide for a rebate on all or any part of the levy payable for the issueof a permit under this section, in such circumstances as may be permitted bythe rules; | | (f) | provide for the cancellation of a permit issued under this section and therefund of all or part of the levy paid for the issue of the permit in suchcircumstances as may be permitted by the rules; | | (g) | impose a levy on the transfer of a permit at any time prior to theregistration of a vehicle authorised by the permit; | | (h) | provide for the issue of permits, whether with or without the payment of alevy, for vehicles which were registered under this Act prior to 2nd April1990; | | (ha) | provide for the renewal of a permit before or after its expiration and thelevy and any other fee to be paid therefor; | | (i) | exempt any particular vehicle or class of vehicles from the payment of thelevy for a permit issued under this section; and | | (j) | provide for all matters which are required or permitted to be prescribed orwhich are necessary or convenient to be prescribed for carrying out or givingeffect to this section. [16/91] [33/93] |
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| Heavy vehicle not to be registered without valid vehicle parking certificate |
| 10B.—(1) No heavy vehicle shall be registered under this Act unless the person applying for the registration of the heavy vehicle satisfies the Registrar that he has been issued by the relevant authority under the Parking Places Act [Cap. 214]with a vehicle parking certificate or such other document in respect of the parking of the heavy vehicle for the period for which the heavy vehicle is to be licensed. [33/93] | (2) For the purpose of this section and sections 19(3)(e)and 34(r), “heavy vehicle” has the same meaning as in the Parking Places Act. |
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| Charge of tax on vehicles |
11.—(1) Subject to the provisions of this Act and the rules, a tax shall be charged in respect of —| (a) | the first registration of every vehicle under this Act; and | | (b) | every vehicle used or kept on any road in Singapore, |
| and the tax shall be paid upon a licence to be taken out by the person keeping the vehicle. |
| (2) The tax chargeable under subsection (1)(a) in respect of a vehicle shall be of such an amount as the Minister may prescribe from time to time and the Minister may prescribe different taxes for vehicles of different classes, categories or descriptions or vehicles used for different purposes. |
| (3) The tax chargeable under subsection (1)(b) in respect of a vehicle of any description shall be chargeable by reference to such annual or semi-annual rate as may be prescribed by the Minister from time to time. |
| (4) Any rates prescribed by the Minister may be so made to apply only to vehicles of a specified class, category or description and the Minister may prescribe different rates for vehicles of different classes, categories or descriptions or vehicles used for different purposes. |
| (4) The Minister may prescribe a rebate on all or any part of the tax payable for vehicles of a specified class, category or description and the Minister may prescribe different rates of rebate or the methods for determining the amount of the rebate for vehicles of different classes, categories or descriptions or vehicles used for different purposes. [16/91] |
(5) For the purposes of the tax, in so far as it is chargeable in respect of the use or keeping of a vehicle on a road, a vehicle shall be deemed —| (a) | to be chargeable with the like tax as on the occasion of the issue of the vehicle licence or last vehicle licence issued for the vehicle under this Act, and to be so chargeable by reference to the prescribed rate as applicable to the vehicle on that occasion; or | | (b) | if no vehicle licence has been issued for the vehicle under this Act, to be chargeable by reference to the prescribed rate applicable to the vehicle. |
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| (6) Nothing in this section shall operate so as to render lawful the keeping of a vehicle for any period, in any manner or at any place, if to do so would be unlawful apart from this section. |
| (7) Any person who gives any incorrect information in relation to any matter affecting the amount of tax chargeable under this section 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 6 months, and the court shall order him to pay to the Registrar the amount of tax which has been undercharged. [7/90] |
| (8) The Registrar may, in his discretion, compound any offence punishable under subsection (7) by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $1,000 and the amount of the tax undercharged, and may before judgment stay or compound any proceedings thereunder. [7/90] |
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| Restricted licences and supplementary licences |
| 11A.—(1) The Registrar may, upon application by the owner of a motor car in such circumstances as may be prescribed, issue a licence subject to the restriction that the motor car shall not be driven on any roads or on any specified road during specified days or times unless there is in force a supplementary licence for that motor car. [16/91] (2) The Minister may make rules for carrying out or giving effect to this section and, in particular, may —| (a) | provide for the issue of supplementary licences, whether at prescribed fees or without charge, and regulate their use and exhibition; and | | (b) | provide for all matters necessary or incidental to allow subsection (1) to apply or cease to apply to motor cars of any description, including there-registration of such cars and the imposition of any fee or levy in connection with such re-registration. |
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| (3) Any person who drives a motor car, issued with a licence subject to the restriction referred to in subsection (1), in contravention of such a restriction or any owner of such a motor car who causes or permits his car to be so driven shall be guilty of an offence and shall on conviction be punished with a fine of not less than half the amount of the road tax payable for 12 months in respect of that motor car if it were not subject to the restriction referred to in that subsection and, in the case of a second or subsequent conviction, with a fine of not less than the amount of the road tax payable for 12 months in respect of that motor car if it were not subject to the restriction referred to in that subsection. |
| (4) Any person who falsifies an identification mark or plate prescribed in the case of a motor car issued with a licence subject to the restriction referred to in subsection (1) or who displays, or causes or permits to be displayed, a falsified identification mark or plate on such a motor car shall be guilty of an offence and shall on conviction be punished with a fine of not less than twice the amount of the fee payable for a licence for 12 months in respect of that motor car if it were not subject to the restriction referred to in that subsection. |
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| Vehicles licensed outside Singapore |
12.—(1) Where any vehicle not registered under this Act is kept or used on any road in Singapore by a person who is —| (a) | a citizen of Singapore; | | (b) | a resident of Singapore; or | | (c) | the holder of a work permit or an employment pass issued under the Immigration Act, |
| the tax chargeable under section 11(1)(a) shall be paid in respect of the vehicle by the person keeping or using it in Singapore as if that vehicle is first registered and used in Singapore. |
[7/90] | (2) Any person who has in his possession or comes into possession of, or uses, a motor vehicle in respect of which a licence issued under the provisions of any law of any country relating to motor vehicles is in force shall inform the Registrar, within such period as may be prescribed, if he is a resident of Singapore or takes up residence in Singapore. |
(3) For the purposes of this section, a person is deemed to be a resident of Singapore if he —| (a) | has been granted the status of a permanent resident of Singapore by the competent authority, even though he may not have a place of residence in Singapore; or | | (b) | resides in Singapore for a continuous period of 6 months and any temporary period or periods of absence during that period is immaterial. [7/90] |
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| Commencement and duration of licences |
13.—(1) A vehicle licence may be taken out —| (a) | for any period of 6 months or 12 months; and | | (b) | for any such shorter period as the Registrar may approve, |
| and shall, unless the Registrar otherwise determines, first have effect on the first day of the month in which the licence is applied for or on the day following the expiry of the last vehicle licence issued for the vehicle under this Act. |
| (2) A licence which first has effect before the day on which it is issued shall not affect any criminal liability incurred before that day. |
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| Exemptions from tax on certain descriptions of vehicles |
14. No tax shall be chargeable under this Act in respect of vehicles of the following descriptions:| (a) | fire engines; | | (b) | vehicles used solely for the purpose of a fire-fighting service; | | (c) | ambulances; | | (d) | road rollers; | | (e) | vehicles used exclusively on roads which are not repairable at the public expense; | | (f) | vehicles used solely for industry, mining and agriculture and not intended to be used on any road repairable at the public expense; | | (g) | invalid carriages; and | | (h) | bicycles. |
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| Using and keeping of vehicle without licence |
15. Any person who uses or keeps on any road any vehicle for which a licence is not in force, not being a vehicle exempted from tax under this Act by virtue of the provisions of any written law, shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $2,000; or | | (b) | if it has been proved to the satisfaction of the court that he had the intention to evade payment of any tax chargeable under this Act, shall be punished on conviction with a fine of an amount equal to 3 times the tax payable if a vehicle licence had been taken out for the period beginning with the expiry of the vehicle licence last in force for the vehicle before the date of the offence or, if there has not at any time before that date a vehicle licence in force for the vehicle, with the first day of the month in which the vehicle was first kept by that person and ending with the last day of the month during which the offence was committed. |
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| Presumption on use and keeping of vehicle |
| 16. For the purposes of this Act, the person who is for the time being registered under the provisions of this Part as the owner of a vehicle shall, until the contrary is proved, be presumed to keep or use that vehicle on a road. |
| Continuous liability for duty |
17.—(1) Subject to this section, a person who for any period keeps a vehicle in respect of which tax under this Act has at any time become chargeable shall, whether or not it is still a mechanically propelled vehicle, be liable to pay tax under this Act in respect of the vehicle for that period.(2) Subject as aforesaid, a person shall not be liable by virtue of subsection (1) to pay tax under this Act in respect of a vehicle —| (a) | for any period for which tax under this Act in respect of the vehicle has been paid and has not been repaid in consequence of the surrender of a licence; | | (b) | for any calendar month in respect of which he has, in accordance with the rules, given notice to the Registrar that the vehicle will not be used or kept on a public road during that month or part thereof; and | | (c) | for any period by reference to which there was calculated an amount ordered to be paid by him as a fine in pursuance of section 15(b). [33/93] |
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| (3) A person shall not, by virtue of subsection (2)(b), be exempt from his liability for any period under subsection (1) in respect of a vehicle if at any time during that period he or any other person with his consent uses or keeps the vehicle on a public road and no vehicle licence is in force for the vehicle at that time; and for the purposes of this subsection the consent mentioned as aforesaid shall be presumed to have been given unless the contrary is shown, but any use or keeping of the vehicle in question as respects which the vehicle is exempt by virtue of any written law for the time being in force from tax under this Act shall be disregarded. |
| (4) Sums payable in pursuance of this section by way of tax in respect of a vehicle shall accrue due for every period of a calendar month at one-sixth of the semi-annual rate of tax applicable to the vehicle at the relevant time. |
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18.—(1) Notwithstanding the provisions of any other written law, any tax chargeable under this Act may be sued for by way of a specially indorsed writ of summons.| (2) In any suit under subsection (1), the production of a certificate signed by the Registrar giving the name and address of the defendant and the amount of tax from him in respect of any vehicle kept by him shall be sufficient evidence of the amount due and sufficient authority for the court to give judgment for that amount. |
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| Issue and exhibition of licences |
19.—(1) Every person applying for a vehicle licence shall make such a declaration and furnish such particulars with respect to the vehicle for which the licence is to be taken out or otherwise as may be prescribed.| (2) Subject to the provisions of this Act as to general licences, every vehicle licence shall be issued for the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use or keep any other vehicle. |
(3) The Registrar shall not be required to issue any vehicle licence for which application is made unless he is satisfied —| (a) | that the licence applied for is the appropriate licence for the vehicle specified in the application and all fees and taxes due and payable in respect of the vehicle and any penalty recoverable from the registered owner of the vehicle under this Act or the rules have been paid; | | (b) | in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for that vehicle; | | (ba) | that there is no warrant of arrest issued under section 54 of the Criminal Procedure Code against the applicant in respect of any offence committed by him under this Act or the rules or any written law specified in Part I of the Schedule; | | (c) | that either —| (i) | for the period of the licence there will be in force the policy of insurance or the security required by law in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission; or | | (ii) | the motor vehicle is a vehicle to which section 3 of the Motor Vehicles(Third-Party Risks and Compensation) Act does not apply at any time when it is being driven by the owner thereof or by an employee of his in the course of his employment or is otherwise subject to the control of the owner; |
| | (d) | in the case of a motor vehicle to which section 91 applies, that a test certificate in respect of the vehicle has been issued at any time within 3 months prior to the issue of the vehicle licence or within such other period as the Registrar may approve; and | | (e) | in the case of a heavy vehicle, that for the period of the licence there will be in force a vehicle parking certificate or such other document issued by the relevant authority under the Parking Places Act [Cap. 214] in respect of the parking of the heavy vehicle. [7/90] [33/93] [8/94] |
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| (4) Subject to the rules, and without prejudice to section 25, any person who uses or keeps on a road any vehicle on which tax under this Act is chargeable without there being fixed to and exhibited on that vehicle in the prescribed manner a licence for, or in respect of the use of, that vehicle issued under this Act and for the time being in force shall be guilty of an offence. |
| (5) Rules made under this Act may provide for the issue of a new licence in the place of a licence which may be lost or destroyed, and for the fee to be paid on the issue of a new licence. |
| (6) Any vehicle licence may be transferred in the prescribed manner. |
| (7) Subject to subsection (8), the Minister may, by notification published in the Gazette, amend Part I of the Schedule. [8/94] |
| (8) The Minister shall, before exercising his powers under subsection (7),consult the Minister responsible for the written law to which the amendment relates. [8/94] |
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| Number of persons carried on vehicle |
20.—(1) The Registrar, when issuing a licence for any heavy motor car, motor car or motor cycle, may determine and enter in the registration book for that vehicle the maximum number of persons that may be carried on any part thereof.| (2) The person who drives a motor vehicle carrying persons in excess of the maximum number of persons permitted to be carried on the vehicle shall be guilty of an offence. |
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| Late application for licence |
| 21. If a licence is applied for a vehicle after the period of 14 days following the date of expiry of the last licence issued for the vehicle, a late payment fee as may be prescribed shall be payable for the issue of the licence. |
| 22. The holder of a licence may at any time surrender the licence to the Registrar in the prescribed manner and shall on so surrendering the licence been titled, if he satisfies the prescribed requirements, to receive from the Registrar, by way of rebate of tax paid upon the surrendered licence, a sum equal to the amount of tax which had been charged for the remaining number of calendar months or part thereof for which the licence would have been inforce. [33/93] |
| Vehicle destroyed, exported, etc. |
| 23. The holder of a licence may at any time notify the Registrar that his vehicle has been destroyed or exported or will cease to be kept or used on any road and the Registrar on being satisfied in such manner as he requires that the vehicle has been destroyed or exported or will cease to be kept or used on any road, shall refund to the holder of the licence a sum equal to the amount which has been charged for the number of calendar months or part thereof for which the licence would have continued to be in force. [33/93] |
| Alteration of vehicle or of its use |
24.—(1) Where a vehicle licence has been taken out for a vehicle at any rate prescribed under this Act and the vehicle is, at any time while the licence is in force, used in an altered condition or in a manner or for a purpose which brings it within, or which if it was used solely in that condition or in that manner or for that purpose would bring it within, a description of vehicle to which a higher rate of tax is applicable under this Act, tax at that higher rate shall become chargeable in respect of the licence for the vehicle.| (2) Where tax at a higher rate becomes chargeable under subsection (1) in respect of any vehicle licence, the licence may be exchanged for a new vehicle licence, for the period beginning with the date on which the higher rate of tax becomes chargeable and expiring at the end of the period for which the original vehicle licence was issued, on payment of the difference between the amount payable on the new licence and the amount to be refunded on the surrender of the original vehicle licence. |
| (3) Where a vehicle licence has been taken out for a vehicle, and by reason of the vehicle being used as mentioned in subsection (1), a higher rate of tax becomes chargeable and tax at the higher rate was not paid before the vehicle was so used, the person so using the vehicle shall be guilty of an offence. |
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25.—(1) Rules made under this Part may modify the provisions of this Part in the case of motor vehicles brought temporarily by persons resident outside Singapore and intending to make only a temporary stay in Singapore and such rules may provide for the issue of a permit in respect of a vehicle brought into Singapore from any place outside Singapore authorising the use in Singapore of such vehicle for any specified period.| (2) Such rules may prescribe for the levy of a fee for the issue of such permit and for the levy of a tax for the use of such a vehicle in Singapore in accordance with such rates as the Minister may prescribe. |
| (3) Any rates prescribed by the Minister under this section may be so made to apply only to vehicles of a specified class, category or description and the Minister may prescribe different rates for vehicles of different classes, categories or descriptions or for vehicles used for different purposes. |
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| Registration and identification marks |
26.—(1) On the issue of a licence under this Part for a vehicle other than a bicycle, it shall be the duty of the Registrar to register the vehicle in the prescribed manner without any further application in that behalf by the person taking out the licence and, subject to this section, the Registrar shall assign a separate number to every vehicle registered with him and a mark indicating both the registered number of the vehicle and the fact that it has been registered in Singapore shall be fixed on the vehicle or on any other vehicle drawn by the vehicle or on both in the prescribed manner.| (2) The Registrar shall, on any application for the registration of a bicycle made to him in the prescribed manner and on payment of the prescribed fee, register such bicycle in the prescribed manner, assigning a separate number to every bicycle registered with him, and a mark indicating both the registered number and the fact that it has been registered shall be fixed on the bicycle in the prescribed manner. |
(3) If the mark to be fixed in accordance with this Act is not so fixed, or if being so fixed it is in any way obscured or rendered or allowed to become or to remain not easily distinguishable, the person driving the vehicle or having charge of the vehicle while it is being used shall be guilty of an offence:| Provided that a person charged under this section with having an obscured mark or with obscuring a mark or rendering or allowing it to become or to remain not easily distinguishable shall not be liable to be convicted on the charge if he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or not easily distinguishable. |
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| (4) A person shall not be liable to be convicted under this section if he proves that he had no reasonable opportunity of registering the vehicle in accordance with this section and that the vehicle is being driven on the road for the purpose of being so registered. |
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| Cancellation of registration |
27.—(1) The Registrar may cancel the registration of a motor vehicle —| (a) | if a permit issued under section 10A authorising the registration of the vehicle under this Act has been cancelled or has expired and has not been restored or renewed within the time prescribed therefor by this Act or any rules; | | (b) | if no licence has been taken out for the vehicle for a period exceeding 3 years by the registered owner who has notified the Registrar that he will not use the vehicle during that period; | | (c) | if the tax chargeable under section 11(1)(b) has not been paid by the registered owner of the vehicle for a period of 12 months or any longer period; | | (d) | if he is satisfied that the vehicle has been destroyed or become wholly unfit for further use or has been permanently removed from Singapore; or | | (e) | if the vehicle exceeds the age-limit prescribed for the class or description of vehicles to which the vehicle belongs. [7/90] [33/93] |
(2) Where the registration of a motor vehicle is cancelled pursuant to subsection (1) —| (a) | the registered owner of the vehicle or any person who is in possession of the registration book or card issued in respect of the vehicle shall surrender that book or card to the Registrar within 14 days of the cancellation; and | | (b) | the registered owner or the person in possession of the vehicle shall produce proof to the satisfaction of the Registrar that the vehicle has been exported or scrapped within one month of the date of the cancellation. [33/93] |
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| 28.—(1) If any person, being a manufacturer or repairer of or dealer in motor vehicles, makes in the prescribed manner an application in that behalf to the Registrar that he may be entitled in lieu of taking out a licence under this Part for each motor vehicle kept by him to take out a general licence in respect of all motor vehicles used by him, the Registrar may, if satisfied as to the bona fides of the applicant and subject to the prescribed conditions, issue to him such a licence on payment of the prescribed levy. [7/90] | (2) The holder of any licence issued under this section shall not be entitled by virtue of that licence to use more than one motor vehicle at any one time except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes or to use any vehicle for any purpose other than such purposes as may be prescribed. |
| (3) Nothing in this section shall operate to prevent a person entitled to takeout a general licence from holding two or more such licences. |
(4) A general licence shall not be issued until the applicant has produced to the Registrar such evidence as may be prescribed that either —| (a) | for the period of the licence there will be in force the policy of insurance or the security required by law in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission; or | | (b) | the motor vehicle is a vehicle to which section 3 of the Motor Vehicles(Third-Party Risks and Compensation) Act does not apply at any time when it is being driven by the owner thereof or by an employee of his in the course of his employment or is otherwise subject to the control of the owner. |
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| (5) Provision may be made by rules under this Act for the issue of more than one type of general licence and for assigning a general identification mark to a person holding any licence issued under this section. |
| (6) No general licence shall be assigned or transferred and the holder of any general licence who shall assign or transfer or attempt to assign or transfer the licence shall be guilty of an offence. |
| (7) If any person is aggrieved by the refusal of the Registrar to issue a general licence under this section, he may appeal to the Minister and the Minister shall, on any such appeal, make such order in the matter as he thinks just and the Registrar shall comply with any order so made. Any order made by the Minister under this subsection shall be final and shall not be challenged, appealed against, reviewed, quashed or called in question in any court and shall not be subject to certiorari, prohibition, mandamus or injunction in any court on any account. |
| (8) Any court before whom the holder of a general licence has been convicted of any offence under this Act or the rules or of any breach of the conditions of such general licence in respect of any vehicle used under a general licence held by him may suspend the general licence for the period of its validity or for any lesser period and the general licence shall thereupon be delivered to the court by the holder thereof and the court shall send the general licence to the Registrar who shall keep such licence until the suspension has expired or been cancelled. |
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| Offences in connection with registration and licensing of vehicles |
29.—(1) If any person possesses or uses any vehicle, other than a bicycle or a trishaw, for which a licence under this Part is not in force or causes or permits it to be so used or, being the holder of a general licence or general licences issued under this Act, uses at any one time a greater number of motor vehicles than he is authorised to use by virtue of that licence or those licences, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and if any person uses a bicycle which has not been registered or a trishaw which has not been licensed under this Part, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.| (2) Proceedings for a penalty under subsection (1) may be brought at any time within a period of 12 months from the date on which the offence was committed. |
| (3) Where a licence has been taken out for a motor vehicle to be used solely for a certain purpose and the motor vehicle is, at any time during the period for which the licence is in force, used for some other purpose, the person sousing the motor vehicle or causing or permitting it to be so used shall, if the rate of fee chargeable in respect of a licence for a motor vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, shall in addition be liable to imprisonment for a term not exceeding 3 months. |
| (4) If in any proceedings under this section any question arises as to the number of motor vehicles used or as to the character, weight and horse-power of any motor vehicle or as to the number of seats provided in a motor vehicle or as to the purposes for which any motor vehicle has been used, it shall be sufficient for a witness for the prosecution to swear that, in consequence of inquiries which he has made or of reports which he has received, he has reasonable grounds for believing that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle or the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used or any one or more of these facts was or were such as would be necessary to establish the offence charged, and thereupon the burden shall be on the defendant to prove that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle, the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used (as the case may require) was or were in fact such that the offence charged was not in law committed by him. |
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| Power to seize and sell vehicles |
30.—(1) If any tax payable in respect of any vehicle remains unpaid after one month commencing from the date of expiry of the licence last in force for the vehicle, the Registrar may issue a warrant in the prescribed form directing the officer named therein to seize the vehicle and recover the tax due from the proceeds of the sale of the vehicle.| (2) The person to whom any warrant is addressed may break open in the daytime any house or building for the purpose of the seizure of the vehicle in pursuance of such warrant. |
| (3) Such fees as are prescribed by the Authority shall be payable by way of costs in the case of the issue of a warrant for the recovery of any tax under this section. [Act 28/95 wef 01/09/1995] |
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| Limitation on bringing of proceedings for recovery of over-payment of tax |
| 31. No proceedings shall be brought for enforcing any repayment of tax to which a person may be entitled in respect of any over-payment of tax made on a vehicle licence taken out by him, unless the proceedings are brought before the expiration of the 12 months beginning with the end of the period in respect of which the licence was taken out. |
| 32. The Registrar may, in his discretion, compound any offence under this Par tor any rules made thereunder by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $50 and, in the case of an offence under section 11A(3), 11A(4) or 15, a sum not exceeding $200. [16/91] |
| Exemptions and application to vehicles belonging to Government |
33.—(1) The Minister may in special cases and for a particular occasion exempt any vehicle or type of vehicle from the operation of all or any of the provisions of this Part or from the taxes, fees or levies payable thereunder or may reduce such taxes, fees or levies.| (2) This Part shall apply to vehicles belonging to the Government. [16/91] |
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| Rules for purposes of this Part |
34. The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect and, in particular, may make rules —| (a) | to regulate the registration and licensing of vehicles, to prescribe the forms of application for and the contents of vehicle licences, and to provide special facilities for the licensing of motor vehicles brought into Singapore from places outside Singapore; | | (b) | to provide for the issue of registration books in respect of the registration of any vehicle and for the surrender, transfer and production and the inspection by the prescribed persons of any book so issued; and for the issue of new registration books and new vehicle licences in the place of any such books or licences which may be lost or destroyed and for a fee to be paid on the issue of a new registration book or vehicle licence; | | (c) | to prescribe the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be secured, sealed, displayed and rendered easily distinguishable whether by night or by day and to prohibit those marks, signs and seals from being tampered with; | | (d) | to require any person to whom any vehicle is sold or disposed of to furnish the prescribed particulars in the prescribed manner; | | (e) | to prescribe the form of, and the particulars to be included in, the register with respect to motor vehicles for which a general licence has been taken out by a manufacturer or dealer and the identification marks to be carried by any such motor vehicle and to define the purposes for which the holder of a general licence may use a motor vehicle under such general licence; | | (f) | to extend any provisions as to registration and provisions incidental to any such provisions to any vehicle in respect of which taxes chargeable under this Part are not payable and to provide for the identification of any such vehicle; | | (g) | to provide for information contained in any records maintained by the Registrar with respect to the marking, registration or keeping of vehicles to be made public or to be made available, either without payment or on payment of the prescribed fee, to such persons as may be determined by or under the rules; | | (h) | with respect to the form and particulars to be included in a notice undersection 17(2)(b), the manner of giving such a notice and the time at which it is to be treated as being given; | | (i) | for securing that notice under section 17(2)(b) is not given in respect of a period of less than 30 days or more than 12 months; | | (j) | as to the mode of calculating the period in respect of which notice undersection 17(2)(b) is to be treated as given; | | (k) | with respect to the mode of proving the giving of the said notice; | | (l) | for deeming the said notice to have been given in relation to a vehicle in respect of any period or at any time if in the circumstances of any particular case the Minister considers it reasonable to do so; | | (m) | to make provision with respect to the furnishing of information and production of certificates of insurance or security and with respect to the registration and identification of such vehicles (including vehicles belonging to the Government); | | (n) | to prescribe the particulars to be marked on vehicles and trailers; | | (o) | to prescribe such fees and costs as are payable for the recovery of any tax payable under this Act; | | (p) | to prohibit the registration under this Act of used vehicles beyond a prescribed age-limit; | | (q) | to prescribe a levy for the re-registration of a used vehicle in the name of the purchaser of the vehicle; and | | (r) | to regulate the registration and licensing of heavy vehicles. [7/90] [16/91] [33/93] |
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