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, 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 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 and the weight of which unladen does not exceed 250 kilograms. |
| (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. [28/95] |
| (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 it is 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 to the provisions of this Act, it shall not be lawful to use a vehicle or trailer which does not comply with the rules as to construction, weight and equipment applicable to the class or description of vehicles to which the vehicle or trailer belongs. [28/95] | (2) The Authority may, by notification in the Gazette, authorise, subject to such restrictions and conditions as may be specified in the notification, the use of special vehicles or trailers or special types of vehicles or trailers which are constructed either for special purposes or for tests or trials and of new or improved types of vehicles or trailers whether wheeled or wheel-less. [28/95] |
| (3) The Authority may at any time revoke, vary or amend a notification made under this section. [28/95] |
| (4) Subject to this section, it shall not be lawful to sell or to supply or to offer to sell or supply a vehicle or trailer for delivery in such a condition that the use thereof in that condition would be unlawful by virtue of this section. |
| (5) Subject to this section, it shall not be lawful to alter a vehicle or trailer so as to render its condition such that the use thereof in that condition would be unlawful by virtue of this section. |
| (6) If a vehicle or trailer is used or is sold, supplied, offered or altered in contravention of this section, any person who so uses the vehicle or trailer or causes or permits the vehicle or trailer to be so used or so sells, supplies, offers or alters it or causes or permits it to be so sold, supplied, offered or altered shall be guilty of an offence. |
| (7) Any person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [45/99] [Act 37 of 2012 wef 01/01/2013] |
| (7A) Where in any proceedings relating to an offence under subsection (6), it is proved to the satisfaction of the court that a vehicle or trailer is used or caused or permitted to be used in contravention of this section, the court may, upon the application of the Public Prosecutor, make an order for the vehicle or trailer to be detained for a period not exceeding 3 months (referred to in this section as the detention period) by the Registrar or an authorised officer. [Act 37 of 2012 wef 01/01/2013] |
| (7B) Any vehicle or trailer detained pursuant to subsection (7A) shall be kept at such place of safety as may be determined by the Registrar or an authorised officer. [Act 37 of 2012 wef 01/01/2013] |
(7C) The Registrar or an authorised officer shall not be liable for —| (a) | any damage to or loss of a vehicle or trailer during the period when the vehicle or trailer is in the possession of the Registrar or the authorised officer which is not wilfully or negligently caused by the Registrar or the authorised officer in the exercise of his powers under this section; or | | (b) | any depreciation in the value of the vehicle or trailer because of the detention of the vehicle or trailer. [Act 37 of 2012 wef 01/01/2013] |
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| (7D) At the end of the detention period of any vehicle or trailer, the Registrar or an authorised officer shall, as soon as is reasonably practicable, notify the person in whose name the vehicle or trailer is registered that the vehicle or trailer is released from detention and of the procedure by which the person may secure the release of the vehicle or trailer. [Act 37 of 2012 wef 01/01/2013] |
| (7E) If the vehicle or trailer is not claimed by the person notified under subsection (7D), or another person authorised in writing by that person, within 3 calendar days after the date of its release as stated in the notice in subsection (7D), the person notified under that subsection shall be liable for all charges reasonably incurred by the Registrar or an authorised officer in storing the vehicle or trailer in the place of safety thereafter. [Act 37 of 2012 wef 01/01/2013] |
| (7F) Any person who, without lawful authority, removes or causes to be removed any vehicle or trailer from the place of safety at which it is detained during its detention period shall be guilty of an offence. [Act 37 of 2012 wef 01/01/2013] |
| (7G) If any vehicle or trailer detained pursuant to subsection (7A) is not claimed by or on behalf of the person notified under subsection (7D), the Registrar or an authorised officer may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle or trailer by public auction or otherwise dispose of the vehicle or trailer in such manner as he thinks fit. [Act 37 of 2012 wef 01/01/2013] |
(7H) The proceeds, if any, from the sale or disposal of any such vehicle or trailer under subsection (7G) shall be applied —| (a) | firstly, in payment of any licence fee which may be due in respect of the vehicle or trailer; | | (b) | secondly, in payment of expenses occasioned by the sale or disposal and any charges reasonably incurred in storing, detaining or otherwise carrying out the provisions of this section; and | | (c) | thirdly, any damage caused to any property of the Government by the unlawful use of the vehicle or trailer, |
| and the surplus, if any, shall be paid to the person in whose name the vehicle or trailer was registered at the time of its sale or disposal or, if not claimed by such person within 12 months after the date of the sale or disposal, shall be forfeited to the Government. |
[Act 37 of 2012 wef 01/01/2013] |
| (7I) The Registrar or an authorised officer may reject any transfer of ownership or cancellation of registration of a vehicle or trailer if the Registrar or the authorised officer has reason to believe that any person is guilty of an offence under subsection (6). [Act 37 of 2012 wef 01/01/2013] |
| (8) A person shall not be convicted for an offence under this section in respect of the sale, supply, offer or alteration of a vehicle or trailer if he proves that it was sold, supplied, offered or altered, as the case may be, for export from Singapore, or that he had reasonable cause to believe that the vehicle or trailer would not be used in Singapore or would not be so used until it had been put into a condition in which it might lawfully be so used. |
| (9) In this section, “authorised officer” means any employee of the Authority who is duly authorised by the Registrar in writing to act under this section. [Act 37 of 2012 wef 01/01/2013] |
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| Rules as to use and construction of vehicles |
6.—(1) 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 motor cars 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 fuel in any fuel tank of a motor vehicle, [Act 25 of 2011 wef 01/01/2012] |
| 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. [20/89; 28/95] |
| (2) The Authority may make different rules for different classes or descriptions of vehicles for the same class or description of vehicles in different circumstances. [20/89; 28/95] |
| (3) The Authority may by such rules confer on the Registrar or an authorised officer a discretion to waive, in any particular case, the operation of any rules made under this section subject to such conditions as the Registrar or the authorised officer may impose. [Act 37 of 2012 wef 01/01/2013] |
| (4) In this section, “authorised officer” means any employee of the Authority, or any other person, who is duly authorised by the Registrar in writing to carry out any particular function or to exercise any particular power under any rules made under this section. [Act 37 of 2012 wef 01/01/2013] |
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| 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 fuel in any fuel supply tank of the motor vehicle. [20/89] [Act 25 of 2011 wef 01/01/2012] | (2) Any person who contravenes 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. [20/89] |
| (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 fuel in any 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). [20/89] [Act 25 of 2011 wef 01/01/2012] |
| (4) In this section and section 6B, “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 fuel in any fuel supply tank of the motor vehicle and includes in particular any fuel gauge or fuel sensoring device. [20/89] [Act 25 of 2011 wef 01/01/2012] [Act 23 of 2013 wef 01/01/2014] |
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| Leaving Singapore in motor vehicle with altered fuel‑measuring equipment |
6B.—(1) Any person, being in charge of a motor vehicle, who leaves or attempts to leave Singapore in the motor vehicle knowing that the fuel‑measuring equipment of the motor vehicle has been altered for the purpose of preventing it from duly measuring or indicating the quantity of motor fuel in any fuel supply tank of the motor vehicle 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.(2) In proceedings for an offence under subsection (1), it shall be presumed until the contrary is proved —| (a) | that the person in charge of a motor vehicle has attempted to leave Singapore in the motor vehicle if the motor vehicle is driven past the Customs gantry before the departure bay of the Immigration Checkpoint at any place prescribed for the purposes of section 136 of the Customs Act (Cap. 70); and | | (b) | that the person in charge of a motor vehicle knew that the fuel‑measuring equipment of the motor vehicle has been altered for the purpose of preventing it from duly measuring or indicating the quantity of motor fuel in the fuel supply tank if there is found in the motor vehicle or on him, at the time he leaves or attempts to leave Singapore in the motor vehicle, any artificial or mechanical means which, either alone or in conjunction with additional artificial or mechanical means (whether or not found) —| (i) | could be used for altering or facilitating the alteration of the index of the fuel‑measuring equipment of the motor vehicle; or | | (ii) | would make the fuel‑measuring equipment false or unjust in measuring or indicating the quantity of motor fuel in any fuel supply tank of the motor vehicle. [Act 23 of 2013 wef 01/01/2014] |
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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. In 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. [28/95] | (2) The Authority may appoint from 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. [28/95] |
| (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. [28/95] |
| (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 of accounts and other documents required by the rules or otherwise by law required with respect to any matter to which this Act relates. [28/95] |
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| 10.—(1) Except as otherwise provided by this Act, 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. |
| (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [45/99] |
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| Vehicles not to be registered without permits issued by Registrar |
| 10A.—(1) No vehicle shall be registered or, except as otherwise provided by this Act, continue to be registered under this Act unless there is in force a permit issued by the Registrar authorising the registration of the vehicle. [7/90; 33/93] | (2) Except as otherwise provided by this Act, a permit shall be issued upon the payment of a levy. |
| (3) The Minister may from time to time, by notification in the Gazette, prescribe a limit on the number of permits to be issued by the Registrar under subsection (1) and the Minister may prescribe different limits for vehicles belonging to any category, class or description. |
(4) The Minister may make rules for carrying out or giving effect to this section and, in particular, the rules may —| (a) | provide for the issue of permits under this section to successful applicants who submitted bids for the permits; | | (b) | require fees and deposits to be paid for the submission of applications for the issue of permits under this section, and provide for the forfeiture of deposits for non-compliance with any conditions governing the submission of such applications; | | (c) | prescribe the levy, or the method or manner for determining the amount of the levy, payable for a permit issued or transferred under this section; [Act 7 of 2012 wef 01/09/2012] | | (d) | prescribe the period for which a permit issued under this section is in force and different periods may be prescribed for vehicles belonging to different categories, classes or descriptions; | | (e) | prescribe the conditions upon which permits are issued or transferred under this section; [Act 7 of 2012 wef 01/09/2012] | | (f) | provide for a rebate on all or any part of the levy payable for the issue or transfer of a permit under this section, in such circumstances as may be permitted by the rules; [Act 7 of 2012 wef 01/09/2012] | | (g) | provide for the cancellation of a permit issued or transferred under this section and the refund of all or part of the levy paid for the issue or transfer of the permit in such circumstances as may be permitted by the rules; [Act 7 of 2012 wef 01/09/2012] | | (h) | provide for the transfer of permits under this section at any time prior to the registration of a vehicle authorised by the permit; [Act 7 of 2012 wef 01/09/2012] | | (ha) | provide for the transfer of permits under this section to facilitate the replacement of defective vehicles; [Act 7 of 2012 wef 01/09/2012] | | (i) | provide for the issue of permits, whether with or without the payment of a levy, for vehicles which were registered under this Act prior to 2nd April 1990; | | (j) | provide for the renewal of a permit before or after its expiration and the levy and any other fee to be paid therefor; | | (k) | exempt any particular vehicle or class of vehicles from the payment of the levy for a permit issued or transferred under this section; and [Act 7 of 2012 wef 01/09/2012] | | (l) | provide for all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect 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) In this section and sections 19(3)(f) and 34 (1) (r), “heavy vehicle” has the same meaning as in the Parking Places Act. [33/93] |
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| Charge of tax on vehicles |
11.—(1) Subject to the provisions of this Act, a tax shall be charged in respect of —| (a) | the first registration of every vehicle under this Act; [Act 23 of 2013 wef 01/01/2014] | | (aa) | the registration under this Act of a de‑registered vehicle; and [Act 23 of 2013 wef 01/01/2014] | | (b) | every vehicle used or kept on any road in Singapore. |
| (2) The tax shall be paid upon a licence to be taken out by the person keeping the vehicle. |
| (3) The tax chargeable under subsection (1)(a) or (aa) 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. [Act 23 of 2013 wef 01/01/2014] |
| (4) 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. |
| (5) 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. |
(6) The Minister may, subject to such conditions as he thinks fit to impose, prescribe —| (a) | a rebate on all or any part of the tax payable for vehicles of a specified class, category or description; and | | (b) | 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; 28/2001] |
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(7) 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 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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(7A) In respect of a replacement vehicle —| (a) | the tax chargeable under subsection (1)(a) shall apply as if the replacement vehicle had been first registered under this Act on the same date as the defective vehicle which it replaced; and | | (b) | the tax chargeable under subsection (1)(b) shall apply as if the replacement vehicle had been used or kept on any road in Singapore since that same date. [Act 7 of 2012 wef 01/09/2012] |
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| (8) 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. |
| (9) 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] |
| (10) The Registrar may, in his discretion, compound any offence punishable under subsection (9) by collecting from the person reasonably suspected of having committed the offence a sum 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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11AA.—(1) In addition to the taxes under section 11, a tax (referred to in this Act as the carbon emissions tax) shall be charged in respect of the first registration, on or after 1st July 2013, of any vehicle which has a carbon emission level exceeding the maximum limit of the neutral carbon emission band and which is of a prescribed description or within a prescribed class (referred to in this section to be a taxable vehicle).(2) The carbon emissions tax under subsection (1) —| (a) | shall be paid upon the first registration of a taxable vehicle by the person keeping the taxable vehicle; and | | (b) | shall be the amount prescribed for that taxable vehicle. |
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(3) Where a person who is registered as the owner of a vehicle (referred to in this section as the replaced vehicle) replaces that vehicle with another vehicle (referred to in this section as the replacement vehicle) which is a taxable vehicle, and the replacement vehicle has a carbon emission level exceeding that of the replaced vehicle, the person shall pay a tax which is the difference between —| (a) | the amount of the carbon emissions tax chargeable in respect of the replaced vehicle, if any; and | | (b) | the amount of the carbon emissions tax chargeable in respect of the replacement vehicle as if the replacement vehicle had been first registered under this Act on the same date as the replaced vehicle. |
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| (4) The difference in tax referred to in subsection (3) shall be payable to the Registrar without demand within the prescribed time from the date the Registrar registers the particulars of the replacement vehicle. |
(5) The Minister may, subject to such conditions as he thinks fit to impose, prescribe —| (a) | a rebate on all or any part of the tax payable under section 11(1)(a) for vehicles of any class, category or description or vehicles used for different purposes which are registered on or after 1st January 2013 and have carbon emission levels falling below the minimum limit of the neutral carbon emission band; and | | (b) | different amounts 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 which have carbon emission levels falling within any carbon emission band. |
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(6) The Minister may make rules for carrying out or giving effect to this section and for prescribing anything which may be prescribed under this section and, in particular, the rules may —| (a) | prescribe a carbon emission band to be the neutral carbon emission band; | | (b) | prescribe different amount of carbon emissions tax chargeable for vehicles of different classes, categories or descriptions or vehicles used for different purposes which have carbon emission levels exceeding the maximum limit of the neutral carbon emission band so prescribed; | | (c) | provide for the method for determining the carbon emission level of any vehicle; and | | (d) | for the purposes of charging any tax or granting any rebate under this section, prescribe carbon emission bands for vehicles of different classes, categories or descriptions or vehicles used for different purposes. |
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| (7) 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. |
| (8) Any person who gives any incorrect information in relation to any matter affecting the amount of carbon emissions tax chargeable or any rebate that may be granted 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 carbon emissions tax, or the tax payable under section 11(1)(a), which has been undercharged. |
| (9) The Registrar may, in his discretion, compound any offence punishable under subsection (8) by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000 and the amount of the carbon emissions tax, or the tax payable under section 11(1)(a), which has been undercharged, and may before judgment stay or compound any proceedings thereunder. |
| (10) In this section, “carbon emission band” means a range of maximum and minimum carbon emission levels prescribed for any class, category or description of vehicle or vehicle used for any purpose. [Act 37 of 2012 wef 01/01/2013] |
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| Restricted licences and supplementary licences |
| 11A.—(1) The Registrar may, upon application by the owner of a motor vehicle in such circumstances as may be prescribed, issue a licence subject to the restriction that the motor vehicle shall not be driven on any road or on any specified road during specified days or times unless there is in force a supplementary licence for that motor vehicle. [16/91; 28/2001] (2) The Minister may make rules for carrying out or giving effect to this section and, in particular, such rules 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 vehicles of any description, including the re-registration of such vehicles and the imposition of any fee or levy in connection with such re-registration. [16/91; 28/2001] |
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(3) Any person who drives a motor vehicle, 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 vehicle who causes or permits his vehicle to be so driven shall be guilty of an offence and shall on conviction be punished with —| (a) | a fine not exceeding $5,000; and | | (b) | in the case of a second or subsequent conviction, a fine not exceeding $10,000. [16/91; 28/2001; 1/2003] |
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(4) Any person who —| (a) | falsifies an identification mark or plate prescribed in the case of a motor vehicle issued with a licence subject to the restriction referred to in subsection (1); or | | (b) | displays, or causes or permits to be displayed, a falsified identification mark or plate on such a motor vehicle, |
| shall be guilty of an offence and shall on conviction be punished with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both. |
[16/91; 28/2001; 1/2003] |
| (5) Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have the jurisdiction to try any offence under this section and to impose the maximum penalty prescribed therefor. [1/2003] |
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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 pass issued under the Employment of Foreign Manpower Act (Cap. 91A), [30/2007 wef 01/07/2007] |
| 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] |
|
| (4) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [45/99] |
|
| 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. |
|
| Exemption 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. |
|
| 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 —| (i) | 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 | | (ii) | if there has not at any time before that date a vehicle licence in force for the vehicle, beginning 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. |
|
|
| 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) 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] |
|
| (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. |
| (4) For the purposes of subsection (3), the consent mentioned in that subsection 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. |
| (5) Sums payable under 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. |
|
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. |
|
| 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 and provisions as to the transfer of licences to replacement vehicles, 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. [Act 7 of 2012 wef 01/09/2012] |
(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 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; | | (c) | that there is no warrant of arrest issued under section 120 of the Criminal Procedure Code 2010 against the applicant in respect of any offence committed by him under this Act or any written law specified in Part I of the First Schedule; | | (d) | 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 (Cap. 189) 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; |
| | (e) | 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 | | (f) | 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; 28/2001] [15/2010 wef 02/01/2011] |
|
| (4) Without prejudice to subsection (3), the Registrar may refuse to issue a vehicle licence if he is satisfied that the vehicle in respect of which the licence is to be issued is registered in the name of a person who, pursuant to a warrant of court, has been arrested in connection with an offence under this Act or any written law specified in Part I of the First Schedule and the offence has not been tried and determined by the court. [45/99; 28/2001] |
| (5) Rules made under this Act may provide for the issue of a new licence in the place of a licence which has been damaged, rendered illegible, lost or destroyed, and for the information to be furnished and the fee to be paid for the issue of a new licence. [4/2006 wef 27/02/2006] |
| (6) Any vehicle licence may be transferred in the prescribed manner. |
| (7) Subject to subsection (8), the Minister may, by notification in the Gazette, amend Part I of the First Schedule. [8/94; 28/2001] |
| (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] |
|
| Number of persons carried on vehicle |
20.—(1) The Registrar may determine and enter in the records maintained under rules made under section 34(1)(g) the maximum number of persons that may be carried on a heavy motor car, motor car or motor cycle, and shall inform the registered owner of the vehicle of that number.| (2) Any person who drives a motor vehicle carrying persons in excess of the maximum number of persons determined under subsection (1) for the motor vehicle shall be guilty of an offence. [4/2006 wef 27/02/2006] |
|
| Late application for licence |
| 21. If a licence is applied for a vehicle after the date of expiry of the last licence issued for the vehicle, a late application fee as may be prescribed shall be payable for the issue of the licence. [28/2001] [4/2006 wef 27/02/2006] |
| 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 be entitled, 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 in force. [33/93] |
| Vehicle destroyed, exported, etc. |
| 23.—(1) 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. [33/93] | (2) Except as otherwise prescribed, 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] [Act 7 of 2012 wef 01/09/2012] |
|
| Duty of manufacturers and dealers to notify Registrar and owners of safety-related defects in vehicles |
23A.—(1) Any person being a manufacturer or dealer of vehicles shall, on becoming aware of any safety-related defect in any vehicle manufactured or sold by him, cause a notice of the defect to be given to —| (a) | the Registrar; | | (b) | each person who has obtained such a vehicle from the manufacturer or dealer; and | | (c) | each current owner of such a vehicle as determined from —| (i) | any warranty issued by the manufacturer or dealer with respect to the functioning of the vehicle that has, to the knowledge of the manufacturer or dealer, been given, sold or transferred to the current owner; or | | (ii) | the vehicle registration records as kept by the Registrar. [1/2003] |
|
(2) Where the Registrar is satisfied that the name of the current owner of a vehicle cannot reasonably be determined by a manufacturer or dealer in accordance with subsection (1)(c), the Registrar may —| (a) | order the manufacturer or dealer to give notice of the defect by publication in all daily newspapers in Singapore or by dissemination in such alternative medium for such period as the Registrar may determine; or | | (b) | order that the current owner need not be notified. [1/2003] |
|
(3) A notice required to be given under subsection (1) or (2) shall be in such form as the Registrar may require and shall —| (a) | contain a description of the defect, an evaluation of the safety risk arising from it and the directions for rectifying it; and | | (b) | state the time and place at which the person to whom the notice is given may present his vehicle in order that the defect may be rectified by the manufacturer or dealer or his agent. [1/2003] |
|
(4) Any manufacturer or dealer of vehicles who causes any notice to be given under subsection (1) or (2) in connection with any safety-related defect in any vehicle manufactured or sold by him shall —| (a) | within a period of one month from the date on which such notice is given; and | | (b) | thereafter, within such subsequent period as the Registrar may require, |
| submit to the Registrar in such form as the Registrar may require a report containing such information relating to the safety-related defect and its rectification as the Registrar may require. |
[1/2003] |
(5) Any person who, being a manufacturer or dealer of vehicles —| (a) | fails to comply with the requirements of subsection (1), (3) or (4) or any order given by the Registrar under subsection (2)(a); or | | (b) | fails to rectify or secure the rectification by his agent of any safety-related defect in any vehicle that is presented for rectification pursuant to a notice given by the manufacturer or dealer under this section, |
| shall be guilty of an offence and shall be liable on conviction — |
| (i) | to a fine not exceeding $2,000 for each vehicle in respect of which the offence is committed, subject to a maximum fine of $50,000; and | | (ii) | in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction. [1/2003] |
|
| (6) Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have the jurisdiction to try any offence under subsection (5) and to impose the maximum penalty prescribed therefor under that subsection. [1/2003] |
| (7) Any person who, being the owner of a vehicle in respect of which a notice has been given by a manufacturer or dealer under this section, fails to produce the vehicle for rectification within such period as may be specified in the notice or such other period as the Registrar may allow shall be guilty of an offence. [1/2003] |
| (8) The Authority, with the approval of the Minister, may make rules for the purposes of carrying this section into effect. [1/2003] |
(9) In this section —| “dealer” means a person who is engaged in the business of importing or selling vehicles; |
| “safety-related defect”, in relation to a vehicle, means a feature of the design or construction of the vehicle that is liable to cause significant risk of personal injury or death to any person using the vehicle or any other road user, and includes any defect relating to a component of the vehicle that is bought by the manufacturer of the vehicle from a supplier and sold by the manufacturer of the vehicle together with the vehicle as original equipment. [1/2003] |
|
|
| 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. |
|
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.(2) The rules may —| (a) | provide for the issue of a permit, in respect of a vehicle not registered under this Act that is brought into Singapore from any place outside Singapore (referred to in this section as a foreign vehicle), authorising the keeping and use in Singapore of the vehicle for such period as the Registrar may determine; | | (b) | prescribe the manner of application for such permit; | | (c) | prescribe the fees and charges payable for the issue of such permit in accordance with such rates as may be approved by the Minister; [1/2006 wef 23/06/2006] | | (d) | prescribe the conditions for the issue of such permit; | | (e) | provide for the extension of the period of validity of such permit; | | (f) | provide for the cancellation of such permit; | | (g) | provide for such permit to be stored in such electronic form as the Authority may determine; [1/2006 wef 23/06/2006] | | (h) | regulate the use of such permit; [1/2006 wef 23/06/2006] | | (i) | [Deleted by Act 1/2006 wef 23/06/2006] | | (j) | provide for the levy of a tax for the keeping or use of a foreign vehicle in Singapore in accordance with such rates as may be prescribed by the Minister; | | (k) | prescribe the manner in which any fee or tax payable under the rules is to be levied and collected, including the use of electronic or computerised or other facilities, and the use by the foreign vehicle concerned of specified points of exit from Singapore, for that purpose; | | (l) | prescribe the records to be kept by the Registrar in connection with the rules; and | | (m) | empower the Registrar and any officer authorised by him to prohibit the entry into or exit from Singapore of any foreign vehicle if any fee or tax payable under the rules in respect of that vehicle is in arrears. [45/99] |
|
| (3) Any rates prescribed by the rules may be 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. [45/99] |
| (4) Where a person is convicted of an offence under any of the rules, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of such fees or taxes as may be certified by an officer appointed by the Authority to be due and payable by him at the date of his conviction, and such amount may be recovered according to the law for the time being in force for the recovery of fines. [45/99] |
| (5) [Deleted by Act 1/2006 wef 23/06/2006] |
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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.| (2) 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. |
| (3) 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. |
| (4) 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. |
| (5) 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. |
(6) A person shall not be liable to be convicted under this section if he proves that —| (a) | he had no reasonable opportunity of registering the vehicle in accordance with this section; and | | (b) | the vehicle is being driven on the road for the purpose of being so registered. |
|
|
| Cancellation of registration |
27.—(1) The Registrar may cancel the registration of a vehicle —| (a) | if the 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 under section 19 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 —| (i) | has ceased to be kept or used on any road in Singapore; | | (ii) | has been or will, within the prescribed period, be destroyed or removed from Singapore; [Act 37 of 2012 wef 01/01/2013] [Act 23 of 2013 wef 01/01/2014] | | (iii) | has become wholly unfit for further use; or [Act 37 of 2012 wef 01/01/2013] | | (iv) | has been lost through theft or criminal breach of trust and the prescribed period after such loss has lapsed; [Act 37 of 2012 wef 01/01/2013] |
| | (e) | if the vehicle exceeds the age-limit prescribed for the class or description of vehicles to which the vehicle belongs; or [7/90; 33/93] | | (f) | if the vehicle has been forfeited pursuant to any written law. [4/2006 wef 27/02/2006] |
| (2) Where the registration of a vehicle is cancelled under subsection (1), 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 removed from all roads in Singapore, or has been destroyed or removed from Singapore, within one month of the date of the cancellation or such other period as the Registrar may approve. [4/2006 wef 27/02/2006] [Act 23 of 2013 wef 01/01/2014] |
| (3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [45/99] [4/2006 wef 27/02/2006] |
|
| 28.—(1) Any person being a manufacturer or repairer of or a dealer in vehicles may apply to the Registrar in the prescribed manner to be allowed, in lieu of taking out a licence under this Part for each vehicle kept or used by him, to take out a general licence in respect of all vehicles kept or used by him. [28/2001] (2) Subject to subsection (5), the Registrar, upon receiving an application under subsection (1), may —| (a) | if satisfied as to the bona fides of the applicant; and | | (b) | on payment by the applicant of the prescribed levy, |
| issue a general licence to the applicant either unconditionally or subject to such conditions as the Registrar thinks fit to impose. |
[28/2001] |
(3) The holder of any licence issued under this section shall not be entitled by virtue of that licence to use —| (a) | more than one vehicle at any one time except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes; or | | (b) | any vehicle for any purpose other than such purposes as may be prescribed. [28/2001] |
|
| (4) Nothing in this section shall operate to prevent a person entitled to take out a general licence from holding 2 or more such licences. |
(5) A general licence shall not be issued until the applicant has produced to the Registrar such evidence as the Registrar may require 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 vehicle by the applicant or by other persons on his order or with his permission; or | | (b) | the vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) 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. [28/2001] |
|
| (6) 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. |
| (7) 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. |
(8) The Registrar may suspend or revoke a general licence if he is satisfied —| (a) | that the issue of the licence has been procured by fraud or misrepresentation; or | | (b) | that the person to whom the general licence was issued has contravened or failed to comply with any of the provisions of this Act or with any condition of the general licence. [28/2001] |
|
| (9) Upon the suspension or revocation of a licence under subsection (8), the holder of the general licence shall surrender the general licence to the Registrar. [28/2001] |
| (10) If any person is aggrieved by the refusal of the Registrar to issue a general licence or by the suspension or revocation of a general licence, he may appeal to the Minister. [28/2001] |
| (11) 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. |
| (12) Any order made by the Minister under subsection (11) shall be final. [28/2001] |
|
| 28A.—(1) Any person intending to keep or use any vehicle for purposes of research and development or for any other special purpose may apply to the Registrar for a licence (referred to in this Part as a special purpose licence) allowing him to keep or use such vehicle on a road. [28/2001] | (2) Sections 10 and 11 shall not apply in respect of a vehicle that is licensed under this section. [28/2001] |
| (3) Upon receiving an application under subsection (1) and upon payment by the applicant of the prescribed levy, the Registrar may issue a special purpose licence to the applicant either unconditionally or subject to such conditions as the Registrar thinks fit to impose. [28/2001] |
(4) The Registrar may suspend or cancel a special purpose licence if the vehicle in respect of which the special purpose licence has been issued is kept or used in contravention of —| (a) | any of the provisions of this Act; or | | (b) | any of the conditions subject to which the special purpose licence was issued. [28/2001] |
|
(5) The Registrar shall not issue a special purpose licence in respect of any vehicle until the applicant for the special purpose licence has produced to the Registrar such evidence as the Registrar may require that either —| (a) | for the period of the special purpose licence there will be in force such policy of insurance or security as is required by law in relation to the use of the vehicle by the applicant or by any other person on his order or with his permission; or | | (b) | the vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) 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 when it is otherwise subject to the control of the owner. [28/2001] |
|
| (6) A special purpose licence issued to any person under this section shall not be transferable to any other person and the holder of any such special purpose licence who transfers or attempts to transfer his licence to any other person shall be guilty of an offence. [28/2001] |
|
| 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 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. [28/2001] | (2) 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. |
| (3) Proceedings for a penalty under subsection (1) or (2) may be brought at any time within a period of 12 months from the date on which the offence was committed. |
| (4) 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 so using 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. |
(5) If in any proceedings under this section any question arises —| (a) | as to the number of motor vehicles used; | | (b) | as to the character, weight and horse-power of any motor vehicle; | | (c) | as to the number of seats provided in a motor vehicle; or | | (d) | 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 — |
| (i) | the number of motor vehicles used; | | (ii) | the character, weight and horse-power of any motor vehicle; | | (iii) | the number of seats provided in a motor vehicle; or | | (iv) | 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. |
|
| (6) 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. |
|
| Court may order offender to pay arrears of taxes |
| 29A.—(1) Where a person is convicted of an offence under section 15 or 29, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of any taxes as may be certified by an officer appointed by the Authority to be due and payable under section 11(1)(b) by such person at the date of his conviction. [28/2001] | (2) The amount under subsection (1) may be recovered according to the law for the time being in force for the recovery of fines. [28/2001] |
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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. [28/95] |
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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. [Repealed by Act 4/2006 wef 27/02/2006] |
| 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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| Electronic service agents |
33A.—(1) For the purposes of the electronic service referred to in section 33B, the Authority may, on application by any person made in such manner as it may specify, and subject to such conditions as it may determine, register him as an electronic service agent.(2) Without prejudice to the generality of subsection (1), the conditions referred to in that subsection may include —| (a) | a condition for the giving of security in such form and of such amount as the Authority may determine to secure compliance with the conditions; and | | (b) | a condition for the keeping of records and accounts relating to the use of the electronic service. |
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| (3) The Authority shall keep and maintain a register of electronic service agents in which shall be entered such particulars of every electronic service agent as it considers appropriate. [42/2006 wef 27/02/2006] |
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33B.—(1) The Authority may provide an electronic service for —| (a) | the filing with or submission to the Registrar of such application or other document under this Part or the rules made thereunder as may be prescribed; and | | (b) | the service by the Registrar of such notice or other document under this Part or the rules made thereunder as may be prescribed. |
(2) For the purposes of the electronic service, the Authority may, subject to such conditions as it may determine, assign to any person who files or submits to the Registrar such application or other document under this Part or the rules made thereunder as may be prescribed —| (a) | an authentication code; or | | (b) | an account with the electronic service. [Act 37 of 2012 wef 01/01/2013] |
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| (3) Subject to the rules made under section 34(2), a person may file or submit a document referred to in subsection (1)(a) through the electronic service. |
| (4) An electronic service agent who has been authorised by a person in the prescribed manner to be that person’s agent for any matter under this Part may file or submit on behalf of that person through the electronic service a document referred to in subsection (1)(a) in respect of that matter. |
(5) Where a document is filed or submitted by an electronic service agent on behalf of any person under subsection (4) —| (a) | it shall be deemed to have been filed or submitted with the authority of that person; and | | (b) | that person shall be deemed to be cognizant of all matters therein, |
| unless that person has, before such filing or submission, informed the Registrar in the prescribed manner that he has revoked the authority of the electronic service agent for the matter in question. |
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(6) Where a document referred to in subsection (1)(a) is filed or submitted through the electronic service using the authentication code assigned to any person before that person has requested, in the prescribed manner, for the cancellation of the authentication code, then —| (a) | the document shall, for the purposes of this Act, be presumed to have been filed or submitted by that person unless he adduces evidence to the contrary; and | | (b) | where that person alleges that he did not file or submit the document, the burden shall be on him to adduce evidence of that fact. |
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| (7) Where any person has given his consent for any document referred to in subsection (1)(b) to be served on him through the electronic service, the Registrar may, notwithstanding section 131A, serve that document on that person by transmitting an electronic record of that document to that person’s account with the electronic service; and the document shall be deemed to be served at the time when the electronic record of the document enters his account with the electronic service. |
(8) Notwithstanding any other written law, in any proceedings under this Act —| (a) | an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or | | (b) | any copy or print-out of that electronic record, |
| shall be admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out — |
| (i) | is certified by the Registrar to contain all or any information filed, submitted or served through the electronic service in accordance with this section; and | | (ii) | is duly authenticated in the manner specified in subsection (11) or is otherwise authenticated in the manner provided in the Evidence Act (Cap. 97) for the authentication of computer output. |
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| (9) For the avoidance of doubt, section 139A does not apply to an electronic record of a document referred to in subsection (1)(a) or (b) or a copy or print-out thereof. |
(10) For the avoidance of doubt —| (a) | an electronic record of a document referred to in subsection (1)(a) that was filed or submitted, or a document referred to in subsection (1)(b) that was served, through the electronic service; or | | (b) | any copy or print-out of that electronic record, |
| shall not be inadmissible in evidence merely because the document was filed, submitted or served without the delivery of any equivalent document or counterpart in paper form. |
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(11) For the purposes of this section, a certificate —| (a) | giving the particulars of —| (i) | any person whose authentication code was used to file, submit or serve the document; and | | (ii) | any person or device involved in the production or transmission of the electronic record of the document, or the copy or print-out thereof; |
| | (b) | identifying the nature of the electronic record or copy or print-out thereof; and | | (c) | purporting to be signed by the Registrar or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time, |
| shall be sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue. |
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| (12) Where the electronic record of any document, or a copy or print-out of that electronic record, is admissible under subsection (8), it shall be presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document. |
(13) In this section and section 34 —| “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage, retrieval, filing and submission of electronic records; |
| “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned by the Authority to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person, and includes one assigned for such purposes in order to file, submit or retrieve a particular document only; |
| “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88); |
| “electronic service” means the electronic service provided under subsection (1); |
| “electronic service agent” means an electronic service agent registered under section 33A. [4/2006 wef 27/02/2006] |
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| Rules for purposes of this Part |
34.—(1) 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) | [Deleted by Act 4/2006 wef 27/02/2006] | | (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 provide for the marking of prescribed particulars on any vehicle; [4/2006 wef 27/02/2006] | | (da) | to require any person to whom any vehicle is sold or disposed of or any person who sold or disposed of any vehicle to furnish such particulars of the sale or disposal as the Registrar may require; [4/2006 wef 27/02/2006] | | (e) | to prescribe the form of, and the particulars to be included in, the register with respect to vehicles for which a general licence has been taken out by a manufacturer, repairer or dealer and the identification marks to be carried by any such vehicle and to define the purposes for which the holder of a general licence may use a 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 under section 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 under section 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; [Act 7 of 2012 wef 01/09/2012] | | (r) | to regulate the registration, licensing, keeping and use of heavy vehicles; and [Act 7 of 2012 wef 01/09/2012] | | (s) | to regulate the registration and licensing of a replacement vehicle, and to deem the date of registration of the replacement vehicle to be the same as that of the vehicle which it replaced for any of the purposes of this Act. [Act 7 of 2012 wef 01/09/2012] |
(2) The Minister may make rules for carrying out or giving effect to sections 33A and 33B and, in particular, the rules may —| (a) | prescribe the qualifications of persons who may be registered as electronic service agents; | | (b) | provide for the inspection by the Authority or any person authorised in writing by the Authority of records and accounts kept by electronic service agents in compliance with a condition imposed under section 33A(1) ; | | (c) | provide for the cancellation or suspension by the Authority of registrations of electronic service agents; | | (d) | provide for the cancellation or suspension by the Authority of authentication codes and accounts with the electronic service; | | (e) | provide that only specified persons may file with or submit to the Registrar a particular document through the electronic service; | | (f) | prescribe the manner in which any fee, tax, levy, deposit and other charges payable under this Part or rules made thereunder are to be paid when any document is filed or submitted through the electronic service; | | (g) | provide for the correction of errors in, or the amendment of, any document that is filed or submitted through the electronic service; | | (h) | prescribe the fees for the assignment of authentication codes and accounts with the electronic service, the cancellation or suspension of any authentication code or account with the electronic service at the request of the holder thereof, the registration of electronic service agents, the use of the electronic service and the correction or amendment referred to in paragraph (g); and | | (i) | prescribe anything which is permitted or required to be prescribed under section 33B. [4/2006 wef 27/02/2006] |
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