PART 4 GENERAL PROVISIONS RELATING TO
ROAD TRAFFIC |
Division 1 — Provisions as to driving and
offences in connection therewith |
| Restriction on driving or riding by young persons |
62.—(1) A person must not do the following:| (a) | ride on a road a test‑needed‑to‑ride‑on‑road vehicle when the person is below the prescribed minimum riding age (if any) for riding such a vehicle on a road; | | (b) | drive on a road any other motor vehicle when the person is below 18 years of age. [12/2021] |
| (2) A person who has attained 18 years of age but who is below 21 years of age must not drive a heavy locomotive, light locomotive, motor tractor or heavy motor car on a road. |
| (3) The burden of establishing his or her age rests on the applicant for a driving licence or competency test certificate. [12/2021] |
| (4) A person who drives or causes or permits any person to drive a motor vehicle in contravention of this section shall be guilty of an offence. |
| (5) A person prohibited by this section by reason of his or her age from driving a motor vehicle or a motor vehicle of any class is, for the purposes of Part 2, deemed to be disqualified under the provisions of that Part from holding or obtaining any licence other than a licence to drive any motor vehicles that he or she is not by this section forbidden to drive. |
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| Restriction on driving certain categories of heavy motor vehicles |
62A. A person who has attained the prescribed age must not drive a vehicle belonging to the following categories or classes of motor vehicles:| (a) | heavy locomotives; | | (b) | light locomotives; | | (c) | motor tractors; | | (d) | heavy motor cars. [28/2014] |
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| 63.—(1) Except as otherwise provided by this Act or the rules, it is not lawful for any person to drive a motor vehicle of any class or description on a road at a speed greater than any speed which may be prescribed as the maximum speed in relation to a vehicle of that class or description. [10/2017] | (2) The Minister may, by notification in the Gazette, prohibit the driving of motor vehicles generally or of particular classes of motor vehicles above a specified speed over any specified road or part of a specified road either generally or for a specified time or times. |
| (3) So long as any prohibition made under subsection (2) remains in force, the Minister may cause or permit to be placed or erected and maintained traffic signs which state the substance of the notification in the Gazette containing the prohibition and which are placed in positions that give adequate notice thereof to drivers of motor vehicles. |
| (4) A person who drives a motor vehicle on a road at a speed exceeding any speed limit imposed by or in exercise of powers conferred by this Act shall be guilty of an offence. |
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| Reckless or dangerous driving |
| 64.—(1) If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, the person (called the offender) shall be guilty of an offence. [10/2017; 19/2019] (2) If death is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):| (a) | with imprisonment for a term of not less than 2 years and not more than 8 years; | | (b) | where the person is a repeat offender, with imprisonment for a term of not less than 4 years and not more than 15 years; | | (c) | where the offender is a serious offender in relation to the driving, with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b); | | (d) | where the offender is a serious repeat offender in relation to the driving, with imprisonment for a term of not less than 2 years and not more than 4 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2A) If grievous hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):| (a) | with imprisonment for a term of not less than one year and not more than 5 years; | | (b) | where the person is a repeat offender, with imprisonment for a term of not less than 2 years and not more than 10 years; | | (c) | where the offender is a serious offender in relation to the driving, with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term of not less than 6 months and not more than one year, in addition to any punishment under paragraph (a) or (b); | | (d) | where the offender is a serious repeat offender in relation to the driving, with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2B) If hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 4 years or to both; | | (c) | where the offender is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2C) In any other case involving the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; | | (c) | where the offender is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2D) A court convicting a person of an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period of not less than the specified period corresponding to that case:| (a) | for an offender or a repeat offender in subsection (2)(a) or (b) — 10 years; | | (b) | for a serious offender in subsection (2)(c) — 12 years; | | (c) | for a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 15 years; | | (d) | for an offender or a repeat offender in subsection (2A)(a) or (b) — 8 years; | | (e) | for a serious offender in subsection (2A)(c) — 10 years; | | (f) | for a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 13 years; | | (g) | for a serious offender in subsection (2B)(c) — 2 years; | | (h) | for a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years; | | (i) | for a serious offender in subsection (2C)(c) — 2 years; | | (j) | for a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years. [19/2019] |
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(2E) A court convicting a person for an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to order a shorter disqualification period, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction:| (a) | a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (b) | a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (c) | a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (d) | a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence. [19/2019] |
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(3) A person is a repeat offender in relation to an offence under subsections (2)(b), (2A)(b), (2B)(b) and (2C)(b), respectively, if the person in the respective subsection has been convicted (whether before, on or after 1 November 2019) on at least one other earlier occasion of any of the following offences:| (a) | an offence under subsection (1); | | (b) | an offence under section 63, 65 or 116; | | (c) | an offence under this section, or section 65 or 66, as in force immediately before 1 November 2019; | | (d) | an offence under section 279, 304A, 336, 337 or 338 of the Penal Code 1871 where the act constituting the offence involves the use of a motor vehicle. [19/2019] |
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| (4) Where a person is convicted of abetting the commission of an offence under this section and it is proved that the person was present in the motor vehicle at the time of the commission of the offence, the offence of which the person is convicted is, for the purpose of the provisions of Part 2 relating to disqualification from holding or obtaining driving licences, deemed to be an offence in connection with the driving of a motor vehicle. |
| (5) Any police officer may arrest without warrant any person committing an offence under this section. |
| (6) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this section and has power to impose the full punishment specified in this section. [19/2019] |
| (7) Where subsections (2) and (2A) prescribe a minimum term of imprisonment on conviction of an offence under subsection (1), the court is to impose a sentence of imprisonment that is equal to or greater than that prescribed minimum term of imprisonment unless the court, for special reasons, thinks fit to order a shorter term of imprisonment. [19/2019] |
(8) In this section and section 65 —“disqualification period”, for an offender convicted of an offence under subsection (1), means a period starting on the later of the following dates:| (a) | the date of the offender’s conviction; | | (b) | the date of the offender’s release from imprisonment, if the offender is sentenced to imprisonment; |
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| “grievous hurt” has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871; |
| “serious offender” means an offender who is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1); |
“serious repeat offender” means an offender who —| (a) | is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1); and | | (b) | has been convicted on at least one other earlier occasion of a specified offence; |
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“specified offence” means —| (a) | an offence under section 67, 68 or 70(4); or | | (b) | an offence under section 67 as in force immediately before 1 November 2019. [19/2019] |
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| Driving without due care or reasonable consideration |
65.—(1) If any person drives a motor vehicle on a road —| (a) | without due care and attention; or | | (b) | without reasonable consideration for other persons using the road, |
| the person (called the offender) shall be guilty of an offence. |
[19/2019] (2) If death is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both; | | (c) | where the person is a serious offender in relation to the driving, be punished with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with imprisonment for a term not exceeding 4 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(3) If grievous hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both; | | (c) | where the person is a serious offender in relation to the driving, be punished with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term not exceeding 12 months, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(4) If hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | in the case of a repeat offender, be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; | | (c) | where the person is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(5) In any other case involving the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 6 months or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both; | | (c) | where the person is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(6) A court convicting a person of an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period of not less than the specified period corresponding to that case:| (a) | for an offender or a repeat offender in subsection (2)(a) or (b) — 8 years; | | (b) | for a serious offender in subsection (2)(c) — 10 years; | | (c) | for a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 13 years; | | (d) | for an offender or a repeat offender in subsection (3)(a) or (b) — 5 years; | | (e) | for a serious offender in subsection (3)(c) — 7 years; | | (f) | for a serious repeat offender in subsection (3)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 10 years; | | (g) | for a serious offender in subsection (4)(c) — 2 years; | | (h) | for a serious repeat offender in subsection (4)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years; | | (i) | for a serious offender in subsection (5)(c) — 2 years; | | (j) | for a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years. [19/2019] |
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(7) A court convicting a person for an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to order a shorter disqualification period, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction:| (a) | a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (b) | a serious repeat offender in subsection (3)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (c) | a serious repeat offender in subsection (4)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (d) | a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence. [19/2019] |
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(8) A person is a repeat offender in relation to an offence punishable under subsections (2)(b), (3)(b), (4)(b) and (5)(b), respectively, if the person in the respective subsection has been convicted (whether before, on or after 1 November 2019) on at least one other earlier occasion of any of the following offences:| (a) | an offence under subsection (1); | | (b) | an offence under section 63, 64 or 116; | | (c) | an offence under this section, or section 64 or 66, as in force immediately before 1 November 2019; | | (d) | an offence under section 279, 304A, 336, 337 or 338 of the Penal Code 1871 where the act constituting the offence involves the use of a motor vehicle. [19/2019] |
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| (9) Any police officer may arrest without warrant any person committing an offence under this section. [19/2019] |
| (10) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this section and has power to impose the full punishment specified in this section. [19/2019] |
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| Court to order forfeiture of motor vehicle for reckless or dangerous driving, etc. |
65AA.—(1) Where any person has been convicted of an offence under —| (a) | section 64(1) as a serious offender in section 64(2)(c) or (2A)(c), or as a serious repeat offender in section 64(2)(d) or (2A)(d); or | | (b) | section 65(1) as a serious offender in section 65(2)(c) or (3)(c), or as a serious repeat offender in section 65(2)(d) or (3)(d), |
| and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless the court is satisfied that — |
| (c) | the person who has committed the offence is not the owner of the motor vehicle; and | | (d) | the person who has committed the offence had used the motor vehicle without the consent of the owner. [19/2019] |
(2) Where any person has been convicted of an offence under section 64(1) as an offender or a repeat offender in section 64(2)(a) or (b), or section 26(2) of the Police Force Act 2004 (which offence is committed on or after 1 November 2019), and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless —| (a) | the court is satisfied that —| (i) | the person who has committed the offence is not the owner of the motor vehicle; and | | (ii) | the person who has committed the offence had used the motor vehicle without the consent of the owner; or |
| | (b) | the court has other good reasons for ordering otherwise. [19/2019] |
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| (3) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence mentioned in subsection (1) or (2), may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar. [19/2019] |
| (4) If there is no prosecution with regard to an offence mentioned in subsection (1) or (2), any motor vehicle seized pursuant to subsection (3) in relation to the offence must be released at the end of one month starting from the date of seizure if it is not earlier released. [19/2019] |
| (5) In this section, a repeat offender, a serious offender or a serious repeat offender, in relation to an offence under section 64 or 65, has the meaning given by section 64 or 65, respectively. [19/2019] |
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| Collision of heavy motor vehicles and public service vehicles with buildings or structures |
65A.—(1) Any person who, when driving or attempting to drive —| (a) | a heavy motor vehicle as defined in section 79(6); or | | (b) | any public service vehicle which is classified as a type of bus under the Second Schedule, |
| causes the heavy motor vehicle or public service vehicle to collide with any building or structure 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 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. |
| (1A) The Minister may, by notification in the Gazette, prescribe particulars of any structure including its location and maximum headroom measurement. [4/2006] |
| (2) In this section, “structure” includes any bus shelter, gantry post, overhead bridge and pillar. |
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| Use of mobile communication device while driving |
| 65B.—(1) A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [28/2014; 9/2020] | (1A) To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device. [9/2020] |
| (2) Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [28/2014] |
(3) In this section —“communicative function” means any of the following functions:| (a) | sending or receiving oral or written messages, audio phone calls or video calls; | | (b) | sending or receiving electronic documents; | | (c) | sending or receiving still or moving images; | | (d) | sending or receiving audio or video files; | | (e) | providing access to the Internet; |
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“mobile communication device” means —| (a) | a mobile phone; or | | (b) | any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function; |
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“repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —| (a) | an offence under subsection (1); | | (b) | an offence under section 65B as in force immediately before 1 February 2015; or | | (c) | an offence under section 65B as in force immediately before 1 August 2020, |
| on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. |
[28/2014; 9/2020] |
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| 66. [Repealed by Act 19 of 2019 wef 01/11/2019] |
| Driving while under influence of drink or drugs |
67.—(1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —| (a) | is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of the vehicle; or | | (b) | has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit, |
| shall be guilty of an offence and shall be liable on conviction to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine of not less than $5,000 and not more than $20,000 and to imprisonment for a term not exceeding 2 years. |
[19/2019] (2) Subject to sections 64(2D) and (2E) and 65(6) and (7), a court convicting a person for an offence under this section in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a period of not less than the specified period corresponding to that case, starting on the date of the person’s conviction or, where the person is sentenced to imprisonment, on the date of the person’s release from prison:| (a) | for a first offender — 2 years; | | (b) | for a repeat offender — 5 years. [19/2019] |
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| (2A) Subject to sections 64(2D) and (2E) and 65(6) and (7), where a court convicts a person for an offence under subsection (1) and the person has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of an offence under subsection (1), section 68, or subsection (1) as in force immediately before 1 November 2019, the court is to, unless the court for special reasons thinks fit to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction. [19/2019] |
| (3) Any police officer may arrest without warrant any person committing an offence under this section. |
(4) In this section, a repeat offender means a person who is convicted of an offence under this section and who has been convicted (whether before, on or after 1 November 2019) on one other earlier occasion of —| (a) | an offence under subsection (1) or section 68; or | | (b) | an offence under subsection (1) as in force immediately before 1 November 2019. [19/2019] |
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| Enhanced penalties for offenders with previous convictions under certain sections |
67A.—(1) Where a person having been convicted of 2 or more specified offences is again convicted of any one of the specified offences (whether or not the same specified offence), the court has the power to impose a punishment in excess of that prescribed for the conviction as follows:| (a) | where the court is satisfied, by reason of the person’s previous convictions or the person’s antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish the offender with punishment not exceeding 3 times the amount of punishment to which he or she would otherwise have been liable for the conviction except that where imprisonment is imposed it shall not exceed 10 years; | | (b) | despite sections 303 and 309 of the Criminal Procedure Code 2010, if —| (i) | the offender causes any serious injury or death to another person when committing —| (A) | whether before, on or after 1 November 2019 the offence under section 43(4), 47(5), 47C(7), 63(4), 64(1) or 67(1); | | (B) | on or after 1 November 2019, the offence under section 65(1) or 68(1); or | | (C) | the offence under section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019; or |
| | (ii) | in the case of an offender under section 70(4), the offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to the offender’s arrest under section 69(5), caused any serious injury or death to another person, |
| the court may also punish the offender, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not more than 6 strokes. |
[15/2010; 19/2019; 12/2021] |
| (2) This section does not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing the offence and the offence in respect of which he or she had been previously convicted, he or she had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act. |
(3) In subsection (1) —| “serious injury” has the meaning given by section 47D; |
“specified offence” means an offence under —| (a) | section 43(4), 47(5), 47C(7), 63(4), 64(1), 67(1) or 70(4) that is committed whether before, on or after 1 November 2019; | | (b) | section 65(1) or 68(1) that is committed on or after 1 November 2019; or | | (c) | section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019. [19/2019] |
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| (4) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court may award the full punishment prescribed by this section. |
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| Being in charge of motor vehicle when under influence of drink or drugs |
68.—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —| (a) | is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or | | (b) | has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit, |
| shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $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 of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months. |
(2) For the purpose of subsection (1), a person is deemed not to have been in charge of a motor vehicle if the person proves —| (a) | that at the material time the circumstances were such that there was no likelihood of the person’s driving the vehicle so long as he or she remained so unfit to drive or so long as the proportion of alcohol in his or her breath or blood remained in excess of the prescribed limit; and | | (b) | that between the person becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his or her breath or blood first exceeded the prescribed limit and the material time, he or she had not driven the vehicle on a road or other public place. |
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| (3) On a second or subsequent conviction for an offence under this section, the offender is, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his or her release from prison. |
| (4) Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he or she is treated for the purpose of this section as having been previously convicted under this section. |
| (5) Any police officer may arrest without warrant any person committing an offence under this section. |
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69.—(1) Where a police officer has reasonable cause to suspect that —| (a) | a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his or her body or has committed a traffic offence while the vehicle was in motion; | | (b) | a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his or her body and that he or she still has alcohol in his or her body; | | (c) | a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence while the vehicle was in motion; or | | (d) | a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —| (i) | between that motor vehicle and one or more other motor vehicles; or | | (ii) | causing any injury or death to another person, |
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| the police officer may, subject to section 71, require that person to provide a specimen of his or her breath for a preliminary breath test. |
[10/2017] | (2) A person may be required under subsection (1) to provide a specimen of his or her breath either at or near the place where the requirement is made or, if the requirement is made under subsection (1)(d) and the police officer making the requirement thinks fit, at a police station specified by the police officer. |
| (3) A preliminary breath test required under subsection (1) must be conducted by a police officer. [11/96; 10/2017] |
| (4) A person who, without reasonable excuse, fails to provide a specimen of his or her breath when required to do so pursuant to this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months. |
(5) A police officer may arrest a person without warrant if —| (a) | as a result of a preliminary breath test the police officer has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit; | | (b) | that person has failed to provide a specimen of his or her breath for a preliminary breath test when required to do so pursuant to this section and the police officer has reasonable cause to suspect that that person has alcohol in his or her body; or | | (c) | the police officer has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance. [10/2017] |
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| (6) A person must not be arrested by virtue of subsection (5) when he or she is at a hospital as a patient. |
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| Provision of specimen for analysis |
70.—(1) In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require the person —| (a) | to provide a specimen of his or her breath for a breath test under this section; or | | (b) | to provide to a registered medical practitioner, at any place that may be determined by the police officer, a specimen of his or her blood for a laboratory test, |
| even though he or she has been required to provide a specimen of his or her breath for a preliminary breath test. |
[28/2014; 10/2017] | (2) A breath test under this section must be conducted by a police officer and may be conducted either at or near the place where the arrest is made, or at a police station. [24/2010] |
(3) A requirement under this section to provide a specimen of blood —| (a) | must not be made unless —| (i) | the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required; | | (ii) | when the requirement is made, there is no breath analysing device of a type approved for a breath test under this section at the police station or at or near the place where the arrest was made, or it is for any other reason not practicable to conduct a breath test under this section; or | | (iii) | the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance; and |
| | (b) | may be made even though the person required to provide the specimen has already provided or been required to provide a specimen of his or her breath. [10/2017] |
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(4) A person who, without reasonable excuse, fails to provide a specimen when required to do so pursuant to this section shall be guilty of an offence and if it is shown that at the time of any accident mentioned in section 69(1)(d) or of his or her arrest under section 69(5) —| (a) | he or she was driving or attempting to drive a motor vehicle on a road or any other public place, he or she shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or | | (b) | he or she was in charge of a motor vehicle on a road or any other public place, he or she shall be liable on conviction to be punished as if the offence charged were an offence under section 68. |
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| (5) A police officer must, on requiring any person under this section to provide a specimen for a laboratory test, warn the person that failure to provide a specimen of blood may make the person liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge. |
|
| Protection of hospital patients |
71.—(1) A person who is at a hospital as a patient must not be required to provide a specimen for a breath test or to provide a specimen for a laboratory test unless the registered medical practitioner in immediate charge of his or her case authorises it and the specimen is to be provided at the hospital.| (2) The registered medical practitioner mentioned in subsection (1) must not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient. |
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| Evidence in proceedings for offences under sections 67 and 68 |
71A.—(1) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of breath or blood (as the case may be) provided by the accused is to be taken into account and, subject to subsection (2), it is to be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than in the specimen.(2) Where the proceedings are for an offence under section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he or she was under the influence of drink, or for an offence under section 67(1)(b) or 68(1)(b), the assumption mentioned in subsection (1) must not be made if the accused proves —| (a) | that he or she consumed alcohol after he or she had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he or she provided the specimen; and | | (b) | that had he or she not done so the proportion of alcohol in his or her breath or blood —| (i) | would not have been such as to make him or her unfit to drive a motor vehicle in the case of proceedings for an offence under section 67(1)(a) or 68(1)(a); or | | (ii) | would not have exceeded the prescribed limit in the case of proceedings for an offence under section 67(1)(b) or 68(1)(b). |
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(3) Subject to subsection (5) —| (a) | evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by a breath analysing device of a type approved for a breath test and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement; and | | (b) | evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in a specimen of blood identified in the certificate. [10/2017] |
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| (4) A specimen of blood is to be disregarded unless it was taken from the accused with his or her consent by a registered medical practitioner; but evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and to be signed by a registered medical practitioner. |
| (5) A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (3) is admissible in evidence on behalf of the prosecution pursuant to this section only if a copy of it has been handed to the accused when the document was produced or has been served on him or her not later than 7 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing. |
| (6) A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than 3 days before the hearing or within any further time that the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed. |
| (7) A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post. |
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| Deputy Commissioner of Police may require registered medical practitioner to send blood specimen for laboratory test |
71B.—(1) Despite anything in section 69 or 71A, where a person —| (a) | was the driver of or attempted to drive or was in charge of a motor vehicle on a road or other public place when an accident occurred —| (i) | between that motor vehicle and one or more other motor vehicles; or | | (ii) | causing any injury or death to another person; and |
| | (b) | as a result of any injury sustained by the person in the accident or any other cause is unable to provide a specimen of the person’s breath under section 69 or to give the person’s consent to a specimen of blood being taken from the person for analysis, |
| any registered medical practitioner treating the person for the person’s injury must, if so directed by the Deputy Commissioner of Police, cause any specimen of blood taken by the registered medical practitioner from such person in connection with the person’s treatment to be sent for a laboratory test to determine the proportion of alcohol or of any drug or intoxicating substance in the specimen. |
[28/2014] | (2) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed pursuant to this section is to be taken into account. |
| (3) Evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed under this section may, subject to subsection (4), be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in the specimen of blood identified in the certificate. |
| (4) The provisions of section 71A(5), (6) and (7) apply, with the necessary modifications, to a certificate mentioned in subsection (3) as they apply to a document or certificate mentioned in section 71A(3). |
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| Interpretation of sections 67 to 71B, etc. |
72.—(1) In sections 67 to 71B —| “authorised analyst” means any registered medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood; |
| “breath analysing device” means an instrument or apparatus for ascertainment by analysis of a person’s breath what concentration of alcohol is present in the person’s breath; |
“breath test” means a test of a specimen of a person’s breath to assess —| (a) | whether there is alcohol present in the person’s breath; and | | (b) | if alcohol is present, the concentration of alcohol in the person’s breath, |
| by means of a breath analysing device of a type approved by the Deputy Commissioner of Police; |
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| “intoxicating substance” has the meaning given by the Intoxicating Substances Act 1987; |
| “police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station; |
| “preliminary breath test” means a breath test under section 69; |
“prescribed limit” means —| (a) | 35 microgrammes of alcohol in 100 millilitres of breath; or | | (b) | 80 milligrammes of alcohol in 100 millilitres of blood. [28/2014; 10/2017] |
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| (1A) Once a type of breath analysing device is approved by the Deputy Commissioner of Police for the purposes of the definition of “breath test” in subsection (1), the Deputy Commissioner of Police must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of breath analysing device so approved by him or her. [28/2014; 10/2017] |
| (1B) However, failure to comply with subsection (1A) in respect of any type of breath analysing device does not invalidate the approval for that type of breath analysing device. [28/2014; 10/2017] |
(2) A person is regarded as not providing a specimen of breath for a breath test unless the specimen —| (a) | is sufficient to enable the test to be carried out; and | | (b) | is provided in a way that enables the objective of the test to be satisfactorily achieved. [10/2017] |
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| (3) Subject to section 71B, a person provides a specimen of blood if and only if the person consents to its being taken by a registered medical practitioner and it is so taken. |
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73.—(1) It is not lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle nor is it lawful for that one person to be so carried otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.| (2) If any person is carried on any such motor cycle in contravention of this section, the driver of the motor cycle shall be guilty of an offence. |
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| Drivers and pillion riders of motor cycles to wear protective helmets |
| 74.—(1) Every person who drives or is carried on a motor cycle must wear securely on his or her head a protective helmet of a type approved by the Deputy Commissioner of Police. [28/2014] | (1A) The driver of a motor cycle (called in this section the motor cycle rider) must not drive the motor cycle where a person is being carried on the motor cycle (called in this section the pillion) so driven by the motor cycle rider unless the pillion is wearing securely on his or her head a protective helmet of a type approved by the Deputy Commissioner of Police. [12/2021] |
| (2) A person must not import, sell or offer for sale or have in the person’s possession for sale any protective helmet which is not of a type approved by the Deputy Commissioner of Police. [28/2014] |
| (2A) Once a type of protective helmet is approved by the Deputy Commissioner of Police for the purposes of subsections (1) and (2), the Deputy Commissioner of Police must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of protective helmet so approved by him or her. [28/2014] |
| (2B) However, failure to comply with subsection (2A) in respect of any type of protective helmet does not invalidate the approval for that type of protective helmet. [28/2014] |
(3) Any person who contravenes subsection (1) or (1A) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but | | (b) | where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2021] |
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| (3A) A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) of contravening subsection (1) or (1A) has (whether before, on or after 30 June 2021) been convicted or found guilty, on at least one other earlier occasion before the date on which the person is convicted or found guilty of the current offence, of the same offence of contravening subsection (1) or (1A). [12/2021] |
| (4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2021] |
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| 75.—(1) The Minister may make rules requiring, subject to any exceptions that may be prescribed, any person driving or riding in a motor vehicle to wear a seat belt of a type approved by the Deputy Commissioner of Police under section 76(1). [28/2014] (2) Rules under this section —| (a) | may make different provisions in relation to different classes of vehicles, different descriptions of persons and different circumstances; and | | (b) | may make any prescribed exceptions subject to any conditions that may be prescribed. |
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| 76.—(1) A person must not sell or offer for sale or have in the person’s possession for sale any seat belt which is not of a type approved by the Deputy Commissioner of Police. [28/2014] | (2) Any person who contravenes subsection (1) shall be guilty of an offence. |
| (3) Once a type of seat belt is approved by the Deputy Commissioner of Police for the purposes of subsection (1) and section 75(1), the Deputy Commissioner of Police must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of seat belt so approved by him or her. [28/2014] |
| (4) However, failure to comply with subsection (3) in respect of any type of seat belt does not invalidate the approval for that type of seat belt. [28/2014] |
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| Requirements as to employment of drivers and attendants |
77.—(1) In the case of a heavy locomotive or a light locomotive, 2 persons must be employed in driving or attending the locomotive while being driven on any road.| (2) Where any locomotive mentioned in subsection (1) is drawing a trailer or trailers on a road, one or more persons in addition to the persons employed as provided under that subsection must be employed for the purpose of attending to the trailer or trailers at the rate of one such additional person for each trailer. |
| (3) Subsection (2) does not apply to a road roller. |
| (4) Where a motor vehicle, other than a heavy locomotive or a light locomotive, is drawing a trailer on a road, one person in addition to the driver of the vehicle must be carried on the trailer for the purpose of attending to the trailer. |
| (5) If any person causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section, the person shall be guilty of an offence. |
| (6) The Authority may by rules prescribe the number of attendants who must be, and other persons who may be, carried on goods vehicles and regulate the positions on the vehicle which they may occupy and the duties of those attendants. |
| (7) The Authority may by rules vary the requirements of this section in respect of any class or description of motor vehicles or any class or description of trailers. |
(8) In this section, “trailer” does not include —| (a) | any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load; | | (b) | any road sweeping or road construction vehicles; or | | (c) | any trailer or class of trailers exempted from the operation of this section by the Minister. |
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| Restriction on number of trailers drawn |
78.—(1) The number of trailers (if any) which may be drawn by a motor vehicle, other than a heavy locomotive or a light locomotive, on a road must not exceed one.| (2) For the purposes of this section, “trailer” does not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load. |
| (3) If any person causes or permits a trailer to be drawn in contravention of this section, the person shall be guilty of an offence. |
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| Offence for driving heavy motor vehicle without police escort |
| 79.—(1) Any person who drives or causes to be driven on any road a heavy motor vehicle the overall height of which exceeds 4.5 metres without being escorted by a police officer, or an auxiliary police officer appointed in accordance with any written law, shall be guilty of an offence. [4/2006] (2) A person guilty of an offence under subsection (1) shall be liable on conviction —| (a) | for a first offence, to imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and, in addition, to a fine not exceeding $2,000; and | | (b) | for a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 5 years and, in addition, to a fine not exceeding $5,000. [4/2006; 15/2019] |
|
| (3) [Deleted by Act 4 of 2006] |
(4) A person convicted of an offence under subsection (1) is, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification —| (a) | in the case of a first offence, to be disqualified from holding or obtaining a driving licence for a period of not less than one year; and | | (b) | in the case of a second or subsequent offence, to be disqualified from holding or obtaining a driving licence for a period of not less than 2 years. [4/2006] |
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| (5) Any disqualification imposed against any person under subsection (4) takes effect from the date the person is released from prison. |
(6) In this section —“heavy motor vehicle” means —| (a) | a goods vehicle the weight of which unladen exceeds 2,500 kilogrammes; | | (b) | a motor vehicle which is —| (i) | an engineering plant or a mobile crane or is designed and constructed for engineering operations; or | | (ii) | drawing a trailer carrying a container or other load; |
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| “overall height”, in relation to a heavy motor vehicle, means the distance between the surface on which the vehicle rests and the highest point of the vehicle, and where it is carrying a load the highest point of its load. [4/2006] |
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| 80. [Repealed by Act 4 of 2006] |
81.—(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the rules, the owner of the motor vehicle, when required by a police officer, an employee of the Authority or an outsourced enforcement officer to do so, must give to the police officer, Authority’s employee or outsourced enforcement officer (as the case may be), within 14 days after being so required, such information as to —| (a) | the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and | | (b) | the driving licence held by that person. [28/2014; 10/2017; 38/2018] |
| (1A) An owner of a motor vehicle who fails to give the information required of the owner under subsection (1) is guilty of an offence unless the owner proves, on a balance of probabilities, that the owner did not know and could not with reasonable diligence have ascertained the information required. [28/2014] |
| (1B) Where the owner of a motor vehicle who is guilty of an offence under subsection (1A) holds a driving licence, and the driver of the motor vehicle is alleged or suspected to be guilty of an offence specified in Part 1 of the Third Schedule, the owner of the motor vehicle is presumed, until the contrary is proved, to be driving the motor vehicle at the time of the occurrence of the second‑mentioned offence. [28/2014] |
(1C) For the purposes of subsection (1A), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, the owner is not deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under subsection (1) unless the owner also proves, on a balance of probabilities, that —| (a) | it had kept a proper and accurate record as required under subsection (8); but | | (b) | the record shows no person having been permitted by the owner to drive the motor vehicle at or about the time of the alleged offence. [28/2014] |
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| (2) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the rules, any other person who was or should have been in charge of the motor vehicle, when required by a police officer, an employee of the Authority or an outsourced enforcement officer to do so, must give to the police officer, Authority’s employee or outsourced enforcement officer (as the case may be), within 14 days after being so required, any information which the person has power to give, and which may lead to the identification of the driver, and if that person fails to do so, that person is guilty of an offence. [28/2014; 10/2017; 38/2018] |
(3) A person required under subsection (1) or (2) by a police officer, an employee of the Authority or an outsourced enforcement officer to give information commits an offence if —| (a) | the person —| (i) | provides, or causes or permits to be provided, any information in connection with the requirement, which is false or misleading in a material particular; and | | (ii) | knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or |
| | (b) | the person intentionally alters, suppresses or destroys any information which the person is required under subsection (1) or (2) to give, for the purpose of not leading to the identification of the driver. [12/2021] |
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| (3A) A person commits an offence if the person pretends, or falsely represents (by word or conduct) himself or herself, to be a person who was driving the motor vehicle at or about the time of an alleged offence that is the subject of a requirement made under subsection (1) or (2), knowing that he or she was not the driver of the motor vehicle. [12/2021] |
| (3B) A person who is guilty of an offence under subsection (3) or (3A) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2021] |
| (4) A police officer, an employee of the Authority or an outsourced enforcement officer may require any information to be furnished under subsection (1) or (2) to be in writing signed by the person required to furnish the information. [38/2018] |
| (5) Despite any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or the rules or any offence in connection with the driving of a motor vehicle may be used as evidence without proof of signature at the hearing of the charge. [10/2017] |
(6) Despite any other written law to the contrary, any statement made by any person to any police officer, an employee of the Authority or an outsourced enforcement officer —| (a) | that a motor vehicle was on a particular occasion being driven by or belonged to that person; or | | (b) | that it belonged to a firm in which that person also stated that he or she was a partner or to a corporation of which that person stated that he or she was a director, officer or employee, |
| is admissible in evidence without proof of signature for the purpose of determining by whom the motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged. |
[38/2018] |
(7) Any person who is guilty of an offence under subsection (1A) or (2) shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and | | (b) | in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [10/2017] |
|
| (7A) [Deleted by Act 12 of 2021] |
| (8) Where the owner of a vehicle is a company, a partnership or an unincorporated body, it is the duty of such owner to keep (and to that end designate at least one of its responsible officers to ensure keeping) a proper and accurate record of each occasion on which the owner permits any person to drive the motor vehicle, whether or not the person is a director, member, partner, officer, employee or agent of the owner or otherwise, and whether or not the person is permitted to drive the motor vehicle in the course of his or her employment with the owner or otherwise. [24/2010; 12/2021] |
(9) The record required to be kept under subsection (8) —| (a) | must contain —| (i) | the registration number of the motor vehicle; | | (ii) | the name, address, driving licence number (whether local or foreign) and identity card or passport number of the person permitted by the owner of the motor vehicle to drive the motor vehicle; and | | (iii) | the date and time, or the period, during which the motor vehicle is allocated to the person for him or her to drive it; and |
| | (b) | must be retained by the owner of the motor vehicle for a period of at least 12 months beginning with the date, or with the date of the start of the period, mentioned in paragraph (a)(iii). [24/2010; 12/2021] |
|
(10) In subsection (8), “responsible officer” means —| (a) | for a company, the person for the time being holding the office of chairperson, managing director or company secretary of, or any position analogous to any of those offices in, the company; | | (b) | for a partnership, any partner of the partnership; or | | (c) | for an unincorporated body of persons, the person for the time being holding the office of president, secretary or treasurer of the governing body or a committee (or an equivalent body) of, or any position analogous to any of those offices in, the body of persons, |
| and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c) if that office is vacant. |
[12/2021] |
|
| Amendment of Third Schedule |
| 82. The Minister may by order in the Gazette add to, amend or vary the Third Schedule. [10/2017] |
| Liability of owner of vehicle for specified offence |
83.—(1) When a specified offence is committed, the person who, at the time of the occurrence of the specified offence, is the owner of the motor vehicle in respect of which the specified offence is committed shall, by virtue of this section, be guilty of the specified offence in all respects as if the person were the actual offender guilty of the specified offence, unless —| (a) | in any case where that offence is dealt with under section 133, the owner satisfies the police officer or employee of the Authority mentioned in section 133(7) that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or | | (b) | in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used. [37/2012; 12/2021] |
| (2) Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to a specified offence no further penalty may be imposed on or recovered from any other person in relation thereto. [37/2012] |
(3) Despite subsection (1), no owner of a motor vehicle shall by virtue of this section be guilty of a specified offence if —| (a) | in any case where the offence is dealt with under section 133, the owner —| (i) | within 14 days after service on the owner of a notice under section 133 alleging that the owner has been guilty of such offence, furnishes by statutory declaration to the police officer or employee of the Authority mentioned in section 133(7) the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or | | (ii) | satisfies the police officer or employee of the Authority that the owner did not know and could not with reasonable diligence have ascertained that name and address; and |
| | (b) | in any other case the owner satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address. [37/2012; 28/2014; 12/2021] |
|
| (4) A statutory declaration made under subsection (3) if produced in any proceedings against the person named therein and in respect of the offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to that offence. |
| (5) A statutory declaration which relates to more than one specified offence is not regarded as a statutory declaration under or for the purposes of subsection (3). [37/2012] |
(6) In this section —“owner”, in relation to a motor vehicle, includes —| (a) | every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under that agreement; | | (b) | the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to the person in regard to the sale or disposal; and | | (c) | in the case of a vehicle in respect of which a general licence is issued under section 28, the person to whom the general licence is issued; |
|
| “specified offence” means any offence set out in Part 2 of the Third Schedule. [37/2012; 28/2014] |
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|
| Duty to stop in case of accident |
84.—(1) Where an accident occurs owing to the presence of a motor vehicle on a road and the accident results in damage or injury to any person, vehicle or structure, the driver of the motor vehicle must stop the motor vehicle and the driver must do such of the following as may be applicable:| (a) | the driver if requested to do so by any person at the scene of the accident having reasonable grounds for so requesting the driver’s particulars, must provide the driver’s particulars to that person; | | (b) | if no person mentioned in paragraph (a) is present at the scene of the accident, the driver must take reasonable steps to inform the owner (if any) of the damaged vehicle or structure of the damage caused to the vehicle or structure, and provide that owner with the driver’s particulars. [28/2014; 19/2019] |
(2) The driver of the motor vehicle mentioned in subsection (1) must report the accident at a police station or to a police officer as soon as reasonably practicable within 24 hours after the accident unless either of the following has occurred:| (a) | the driver has provided the driver’s particulars to a person mentioned in subsection (1)(a); | | (b) | the owner mentioned in subsection (1)(b) has contacted the driver. [28/2014] |
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(2A) Where owing to the presence of a motor vehicle on a road an accident occurs resulting in injury or death to any animal, the driver of the motor vehicle must stop the vehicle if the driver has reasonable grounds to believe that —| (a) | the animal has an owner; or | | (b) | the presence of the injured or dead animal on the road is likely to pose any safety hazard to the other road users. [19/2019] |
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(2B) The driver mentioned in subsection (2A) who is involved in the accident must —| (a) | if requested to do so by any person at the scene of the accident having reasonable grounds for so requesting the driver’s particulars, provide the driver’s particulars to that person; | | (b) | if no person mentioned in paragraph (a) is present at the scene of the accident, the driver must take reasonable steps to inform the owner of the injured or dead animal (if any) of the injury or death caused to the animal and provide that owner with the driver’s particulars; and | | (c) | if the presence of the injured or dead animal is likely to pose any safety hazard to other road users, the driver must as far as the circumstances permit, take reasonable steps to alert other road users of the obstruction and immediately inform a police officer of the obstruction. [19/2019] |
|
| (3) If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby any person is killed or any damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle must render any assistance that may be reasonably required by any police officer or in the absence of any police officer any assistance that may reasonably be in the power of the driver to render. |
(4) When owing to the presence of a motor vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or structure, a person must not, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of the vehicle or do any other act so as to destroy or alter any evidence of the accident except that —| (a) | a vehicle or any part of the vehicle may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and | | (b) | goods or passengers baggage may be removed from a vehicle under the supervision of a police officer. |
|
| (5) Subsection (4) does not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand. |
| (6) In this section, “particulars”, in relation to a driver of a motor vehicle, means the name and address of the driver of the motor vehicle, the name and address of the owner of the motor vehicle, and the identification marks of the motor vehicle. [28/2014; 19/2019] |
| (7) If any person fails to comply with any of the provisions of this section, he or she shall be guilty of an offence. |
(8) Any person who is guilty of an offence under subsection (7) arising from his or her failure to comply with subsection (3) shall, if he or she had in driving or attempting to drive a motor vehicle at the time of the accident mentioned in that subsection caused any serious injury or death to another person, be liable on conviction —| (a) | to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. [10/2017] |
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(9) Where a person is convicted of an offence under subsection (7) arising from his or her failure to comply with subsection (3), the court convicting him or her shall —| (a) | if satisfied that he or she had in driving or attempting to drive a motor vehicle at the time of the accident mentioned in subsection (3) caused any serious injury or death to another person; and | | (b) | unless the court for special reasons thinks fit to order otherwise, |
| make an order disqualifying him or her from holding or obtaining a driving licence — |
| (c) | for a period of not less than 12 months from the date of his or her conviction or, where he or she is sentenced to imprisonment, from the date of his or her release from prison; or | | (d) | for any longer period that the court thinks fit. |
|
(10) Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —| (a) | an offence involving the use of the motor vehicle by him or her whereby any serious injury or death is caused to another person; and | | (b) | an offence under subsection (7) arising from his or her failure to comply with subsection (3), |
| the court before which he or she is convicted is to order that the sentences for those offences run consecutively. |
|
| (11) Any police officer may arrest without warrant any person who is reasonably suspected of having failed to comply with subsection (3). |
|
85.—(1) The Deputy Commissioner of Police may by written notice require the person alleged to have been driving or in charge of any vehicle at the time of the occurrence of any accident in which the vehicle was concerned or the commission of any offence connected with the driving of the vehicle to attend before him or her at the time and place stated in the notice for the purpose of inquiry into the accident.| (2) The person must attend and must answer truly all questions relating to the occurrence or offence put to the person by the Deputy Commissioner of Police except that the person may decline to answer any question the answer to which would have a tendency to expose the person to a criminal charge or to a penalty or forfeiture. |
| (3) No such answer may in any case be used in evidence in any proceedings, civil or criminal, except proceedings against the person on a charge of an offence under subsection (5). |
| (4) The person must, if so required by the Deputy Commissioner of Police, produce his or her driving licence. |
| (5) Any person who, without reasonable cause, fails to comply with any of the requirements of this section shall be guilty of an offence. |
|
| Division 3 — Miscellaneous |
| Power of Authority to authorise carriage of greater weights on specified roads |
86.—(1) The Authority may, subject to any conditions that it thinks fit, grant a permit in respect of any trailer specified in the permit drawn by a heavy locomotive or a light locomotive on any road or bridge to carry weights specified in the permit even though when conveying those weights the trailer does not comply with any rules as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part thereof by trailers.| (2) Where such a permit is given, it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence in the case of any such trailer to carry on that road or bridge weights authorised by the permit by reason only that the trailer when conveying them does not comply with those rules. |
|
| Power to order production of vehicle and licence |
| 87.—(1) The Deputy Commissioner of Police or the Registrar may by written notice require the owner of any licensed vehicle to produce either or both the vehicle or the licence relating thereto (if not issued in electronic form) for an inspection at such time and place and by such person as may be specified in the notice. [10/2017] | (2) [Deleted by Act 38 of 2018] |
| (3) If any owner required under this section to produce any vehicle or licence fails to do so, the owner shall be guilty of an offence unless the owner proves that owing to a mechanical breakdown or other sufficient reason (the proof whereof lies on the owner), the vehicle or licence cannot be produced as required. |
|
| Fee for inspection of vehicle |
88.—(1) A fee may be levied for the inspection of a vehicle under section 87.| (2) An additional fee may be levied for any further inspection of the vehicle where the vehicle is found, after a previous inspection, not to comply with any prescribed requirement relating to its construction or condition, or to any identification mark or sign carried by or fixed on it or the seal of that mark or sign, or to any marking on it. [4/2006] |
| (3) Any fee payable under subsection (1) or (2) must be paid by the owner of the vehicle in respect of which it is levied. |
| (4) This section applies to any vehicles that may be prescribed. |
|
| 89. The Authority may make rules prescribing the fees that may be levied under section 88. |
| Test of satisfactory condition of vehicle |
| 90.—(1) The Authority may make rules for the examination of any motor vehicle and for the issue, where the vehicle is found on the examination to comply with the prescribed requirements relating to its construction and condition, to the identification marks and signs carried by or fixed on it and the seals of those marks and signs, and to the markings on it, of a certificate (called in this Act a test certificate) that at the date of the examination those requirements were complied with. [4/2006] (1A) An examination under this section of a motor vehicle for the purposes of the issue of a test certificate in respect of the motor vehicle may include the examiner accepting, in lieu of an examination, any certificate that —| (a) | is issued by another person or authority as are prescribed; and | | (b) | concerns the prescribed requirements relating to the construction, equipment and condition of the motor vehicle, to the identification marks and signs carried by or fixed on the motor vehicle and the seals of those marks and signs, and to the markings on the motor vehicle. [10/2017] |
|
| (2) An examination for the purposes of this section must be carried out by a person authorised by the Registrar (called in this section an authorised examiner). |
| (3) Where a test certificate is refused, the authorised examiner must specify the grounds of the refusal, and a person aggrieved by the refusal may appeal to the Registrar, and on the appeal the Registrar must cause a further examination to be made and may issue or refuse to issue a test certificate. |
(4) The Authority may make rules for the purpose of giving effect to this section and, in particular, as to —| (a) | the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of the authorisation; | | (b) | the manner in which, the conditions under which and the apparatus with which an examination of a motor vehicle is to be carried out, and the maintenance of that apparatus in an efficient state; | | (c) | the inspection of premises at which and the apparatus with which an examination of a motor vehicle is being, or is to be, carried out; | | (d) | the fee to be paid for the examination of a motor vehicle; | | (e) | the additional fee to be paid for any further examination of a motor vehicle where the vehicle is found, after a previous examination, not to comply with any prescribed requirement mentioned in subsection (1); | | (f) | the manner in which an application may be made for the examination of a motor vehicle; | | (g) | the manner in which and time within which an appeal may be brought under subsection (3); | | (h) | the fee to be paid on an appeal under subsection (3) and the repayment of the fee or part thereof where it appears to the Registrar that there were substantial grounds for the appeal; | | (i) | the form of, and particulars to be contained in, a test certificate; | | (j) | the issue of a copy of a test certificate that is lost or defaced and the fee payable therefor; | | (k) | the keeping by an authorised examiner of a register of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such register by such person and in such circumstances as may be prescribed; | | (l) | the keeping of records by an authorised examiner and the furnishing of returns and information to the Registrar by the authorised examiner; and | | (m) | the submission to the Authority of documents specified by the Authority in support of any matter examined. [4/2006] |
|
| (5) Rules made under this section may make different provisions in respect of different vehicles or classes of vehicles. |
|
| Vehicle without test certificate cannot be used |
91.—(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle in respect of which there is no test certificate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.| (2) This section applies to such motor vehicles with effect from such dates as may be prescribed. |
|
| Power to inspect premises |
92.—(1) Any police officer may, for the purpose of examining any vehicle in respect of which he or she has reason to believe that an offence under this Act has been committed, enter at any time any place in which he or she suspects that the vehicle is kept.| (2) Any police officer in conducting an investigation into any seizable offence in connection with which a vehicle is suspected to be concerned may enter any place to search for and examine that vehicle. |
| (3) If any person obstructs any police officer in the exercise of the police officer’s powers and duty under this section, that person shall be guilty of an offence. |
|
| Power to examine vehicles |
93.—(1) Any police officer in uniform or an outsourced enforcement officer may, for the purpose of ensuring that any vehicle or trailer that is being used on a road complies with this Act or the rules, at any time —| (a) | examine the vehicle or trailer or the licence relating thereto; or | | (b) | order the owner or driver of the vehicle or trailer to deliver the same for an inspection by such person and at such time and place as the police officer or outsourced enforcement officer (as the case may be) may specify. [10/2017; 38/2018] |
| (2) Any person who obstructs a police officer or an outsourced enforcement officer (as the case may be) in the exercise of his or her powers under subsection (1)(a) or fails to comply with any order given by the police officer or outsourced enforcement officer (as the case may be) under subsection (1)(b) shall be guilty of an offence. [38/2018] |
|
94.—(1) Subject to the provisions of this Act and the rules, it is lawful for any police officer authorised in writing in that behalf by the Deputy Commissioner of Police to require the person in charge of any motor vehicle —| (a) | to allow the motor vehicle or any trailer drawn thereby to be weighed laden or unladen and the weight transmitted to the road by any part of the motor vehicle or trailer laden or unladen in contact with the road to be tested; and | | (b) | for the purpose of paragraph (a) to immediately proceed to a weighbridge or other machine for weighing vehicles. [10/2017] |
| (2) If any person in charge of a motor vehicle refuses or neglects to comply with any requirement under subsection (1), the person shall be guilty of an offence. |
| (3) Subject to the provisions of this Act and the rules, it is lawful for any police officer so authorised to require the person in charge of the motor vehicle to unload the motor vehicle or trailer for the purpose of being weighed unladen. [10/2017] |
| (4) Where a motor vehicle or trailer is weighed under this section, a certificate of weight must be given to the person in charge of the motor vehicle by the person who carried out the weighing of the vehicle. |
|
95.—(1) Where a police officer, the Registrar or an authorised officer has reason to believe that a vehicle is a vehicle in connection with which an offence under this Act and the rules has been or is being committed or a vehicle that has been or is being used in contravention of the conditions of any licence issued in respect thereof under this Act, the police officer, Registrar or authorised officer, on production of his or her authority, may —| (a) | seize the vehicle and take it to a place of safety; or | | (b) | require the owner, driver or person in charge of the vehicle to take the vehicle and any trailer attached thereto to a specified place of safety. [10/2017] |
| (2) The power conferred on a police officer, the Registrar or an authorised officer under subsection (1)(a) may be exercised whether or not the owner, driver or person in charge of the vehicle is present at the time of its seizure. |
| (3) Any vehicle which is taken to a place of safety under subsection (1) must be detained there until it is released by order of a Magistrate or the Deputy Commissioner of Police or the Registrar. |
| (4) In this section, “authorised officer” means any employee of the Authority who is authorised in writing by the Registrar to act under this section. |
| (5) Any person who refuses or neglects to comply with any requirement under subsection (1)(b) shall be guilty of an offence. |
| (6) Any unauthorised person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or the Deputy Commissioner of Police or the Registrar shall be guilty of an offence. |
| (7) If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Act or the rules, the expenses incurred by the Deputy Commissioner of Police or the Registrar in removing, seizing, detaining, storing and disposing the vehicle under this section are recoverable by or on behalf of the Deputy Commissioner of Police or the Registrar and are, in case of dispute or neglect to pay, to be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by that Court. [10/2017; 38/2018] |
| (8) Where any vehicle or trailer is detained under this section, the Deputy Commissioner of Police or the Registrar must with all reasonable despatch give notice to the owner (if known) of the seizure in a manner allowed under section 131A. [38/2018] |
| (9) If the vehicle or trailer is not claimed by its owner within one month of the date of its detention, the Deputy Commissioner of Police or the Registrar thereafter and after giving one month’s notice in the Gazette of his or her intention to do so may sell by public auction or otherwise dispose of the vehicle or trailer. |
(10) The proceeds (if any) from the sale or disposal of the vehicle or trailer must be applied in payment of —| (a) | firstly, any licence fees which may be due in respect of the vehicle and of any charges incurred in removing, seizing, detaining, storing and disposing the vehicle under this section; and | | (b) | secondly, any damage caused to property of the Government by the unlawful use of the vehicle or trailer, |
| and the surplus (if any) must be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within 12 months after the date of the sale or disposal, is forfeited to the Government. |
[38/2018] |
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| Power to immobilise or seize and detain vehicle belonging to person against whom warrant of arrest is in force |
95A.—(1) Where a vehicle which is being used or parked on a road or in a parking place is registered in the name of a person against whom a warrant of arrest is in force, a police officer or an employee of the Authority may —| (a) | immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or | | (b) | seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety, |
| and the vehicle must remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar. |
| (2) The powers conferred by subsection (1) on a police officer may also be exercised by the police officer in respect of any vehicle which is registered in the name of a person against whom a warrant of arrest is in force and which is being used or parked in a public place. |
(3) Without affecting subsections (1) and (2) but subject to subsection (4), where a police officer, in attempting to execute a warrant of arrest at any private premises, finds at those private premises any vehicle which is registered in the name of the person against whom the warrant of arrest has been issued, the police officer may —| (a) | immobilise the vehicle or cause the vehicle to be immobilised, if it is stationary; or | | (b) | seize the vehicle and detain it at a place of safety or cause the vehicle to be seized and detained at a place of safety, |
| and the vehicle must remain so immobilised or detained at the risk of the owner thereof until it is released by order of a Magistrate, the Deputy Commissioner of Police or the Registrar. |
|
| (4) Nothing in subsection (3) authorises a police officer to immobilise or seize and detain any vehicle which the police officer finds at any private premises unless, despite all reasonable effort, the police officer is unable at the private premises to effect the arrest of the person against whom the warrant of arrest has been issued. |
(5) For the purposes of subsections (1), (2) and (3) —| (a) | a police officer or an employee of the Authority may require any person who is driving or who is in charge of the vehicle —| (i) | to stop the vehicle; | | (ii) | to take the vehicle to any place of safety specified by the police officer or employee of the Authority; or | | (iii) | to render such other cooperation as the police officer or employee of the Authority may reasonably require; and |
| | (b) | a Magistrate, the Deputy Commissioner of Police or the Registrar may —| (i) | refuse to order the release of any vehicle that has been immobilised or seized and detained under either of those subsections until the person in whose name the vehicle is registered has been arrested in connection with the warrant of arrest in force against him or her or has surrendered himself or herself to a police officer or the warrant of arrest in force against him or her has been cancelled by a court; and | | (ii) | require the person to whom the vehicle is released to pay any charges prescribed for the release of the vehicle. |
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(6) Where a police officer or an employee of the Authority has immobilised or seized and detained a vehicle under this section, he or she must with all reasonable despatch notify the person in whose name the vehicle is registered of the immobilisation or seizure —| (a) | of the procedure by which the person may secure the release of the vehicle; and | | (b) | that unless within 3 months of the date specified in the notification the person surrenders himself or herself to a police officer in connection with the warrant of arrest in force against him or her, the Deputy Commissioner of Police or the Authority may proceed to sell or dispose of the vehicle. [24/2010] |
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(7) The notification under subsection (6) may be given —| (a) | where the vehicle has been immobilised, by affixing a notice onto the windscreen or any other conspicuous part of the vehicle; or | | (b) | where the vehicle has been seized and detained, in a manner allowed under section 131A. [24/2010; 38/2018] |
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(8) Any person who —| (a) | without the authority of a police officer or an employee of the Authority removes or tampers with any notice affixed onto a vehicle under subsection (7)(a); or | | (b) | without the authority of a Magistrate, the Deputy Commissioner of Police or the Registrar —| (i) | removes or tampers with any device or appliance which has been fixed to a vehicle by a police officer or an employee of the Authority for the purpose of immobilising it pursuant to this section; or | | (ii) | removes any vehicle from the place at which it has been immobilised or from the place of safety where it is being detained or causes the vehicle to be so removed, |
|
| shall be guilty of an offence. |
[45/99] |
| (9) If upon the expiry of 3 months from the date specified in the notification given under subsection (6) the person in whose name the vehicle is registered has not surrendered himself or herself to a police officer or has not been arrested in connection with the warrant of arrest in force against him or her, the Deputy Commissioner of Police or the Authority, after giving one month’s notice in the Gazette of the Deputy Commissioner of Police’s or the Authority’s intention to do so, may sell the vehicle by public auction or otherwise dispose of the vehicle in any manner that the Deputy Commissioner of Police or the Authority thinks fit. [24/2010] |
(10) The proceeds (if any) from the sale or disposal of the vehicle must be applied in payment of —| (a) | any taxes, fees or charges under this Act or the rules which may be due from the person in whose name the vehicle is registered; and | | (b) | any charges incurred in carrying out the provisions of this section, |
| and the surplus (if any) must be paid to the person in whose name the vehicle is registered, or if not claimed by the person within 12 months after the date of the sale or disposal, is forfeited to the Government. |
[10/2017] |
| (11) Any person who obstructs or hinders the Authority or any employee of the Authority, the Deputy Commissioner of Police or any police officer acting in the discharge of his or her duty under this section shall be guilty of an offence. |
| (12) The Authority or any employee of the Authority, the Deputy Commissioner of Police and any police officer shall not be liable for any damage to or loss of any vehicle or the contents thereof which is not wilfully or negligently caused by them in the exercise of their powers under this section. |
(13) In this section —“immobilise”, in relation to a vehicle, means to prevent the removal of the vehicle by fixing to the vehicle a device or appliance which is —| (a) | designed or adapted for the purpose of preventing the removal of the vehicle; and | | (b) | approved by the Authority or the Deputy Commissioner of Police for use for the purpose of this section; |
|
“warrant of arrest” means a warrant of arrest issued by a court against a person in connection with any offence committed by the person under —| (a) | this Act or the rules; or | | (b) | the Parking Places Act 1974 or any rules made under that Act. [24/2010; 10/2017] |
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| Forfeiture by Authority of seized non‑compliant power‑assisted bicycles, etc. |
95B.—(1) Without affecting section 95 or 95A, an order for the forfeiture of a vehicle seized or taken to a place of safety under section 95 or 95A may be made by the Authority if it is satisfied that —| (a) | the vehicle is a non‑compliant power‑assisted bicycle, a non‑compliant personal mobility device or a non‑compliant mobility vehicle; | | (b) | an offence under section 5, 5A, 5B or 10 or any rules made under section 6 has been committed and that the non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle (as the case may be) was the subject matter, or was used in the commission, of the offence; | | (ba) | at the end of 30 days after the date of the seizure or taking to a place of safety, no claim to the vehicle is earlier made in the prescribed manner to the Authority by a person who is not the person from whom the vehicle was seized or required to take the vehicle to a place of safety (or the latter person’s agent); and | | (c) | a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 135. [10/2017; 26/2020] |
(2) Despite subsection (1), the Authority may at once order the forfeiture of a vehicle seized or taken to a place of safety under section 95 or 95A —| (a) | that is a non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle; and | | (b) | that the Authority considers is of such a nature or in such condition that it would be dangerous for the Authority to retain custody, or its detention in a place of safety materially increases the likelihood of an outbreak of fire at the place of safety. [26/2020] |
|
| (3) Upon receipt of a claim mentioned in subsection (1)(ba), the Authority may direct that the non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle be released or may refer the matter by information to a Magistrate. [10/2017; 26/2020] |
(4) The Magistrate is to, on receipt of an information under subsection (3), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter, and —| (a) | must order the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle (as the case may be) to be forfeited on proof that the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle was used in the commission of an offence under section 5, 5A, 5B or 10 or any rules made under section 6; or | | (b) | may, in the absence of that proof, order the release of the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle, as the case may be. [10/2017; 26/2020] |
|
| (5) In any proceedings under subsection (4), the burden of proof lies on the person asserting that the person is the owner of the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle concerned, and on the person from whom the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle was seized, as the case may be. [10/2017; 26/2020] |
| (6) In any proceedings in any court under subsection (4) in respect of the forfeiture of any vehicle seized in the exercise or the purported exercise of any power conferred under section 95 or 95A, no person is entitled to the costs of the proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause. [10/2017] |
(7) Where any non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle is forfeited by the Authority under this section, the Authority may, after giving one month’s notice in the Gazette of the Authority’s intention to do so —| (a) | sell by public auction or tender the non‑compliant power‑assisted bicycle, non-compliant personal mobility device or non-compliant mobility vehicle and any uncollected item left in or on it; and a purchaser of any vehicle, article, item or thing sold in accordance with this paragraph acquires good title to that vehicle, article, item or thing; or | | (b) | destroy or otherwise dispose of the non‑compliant power‑assisted bicycle, non-compliant personal mobility device or non-compliant mobility vehicle, article, item or thing, as the case may be. [10/2017; 26/2020] |
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(7A) However, the Authority may direct that a non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle forfeited by the Authority under subsection (2) and which is the subject of a notice under subsection (7) be returned to a person if —| (a) | before the end of the period of the notice in subsection (7), the Authority receives from that person a written objection to the intended sale, destruction or disposal of the vehicle and showing good cause why possession of the vehicle should be returned to the person; and | | (b) | there is no reasonable cause for the Authority to believe that an offence under this Act has been committed and the vehicle was the subject matter, or was used in the commission, of the offence. [26/2020] |
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(8) The proceeds of a sale by public auction or tender of any vehicle, article, item or thing under subsection (7) must be applied as follows:| (a) | firstly, in payment of the expenses occasioned by the sale; | | (b) | secondly, in payment of storage or other expenses incurred by the Authority in relation to the vehicle, article, item or thing; | | (c) | thirdly, by payment of the balance into the Consolidated Fund. [10/2017] |
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(9) In this section —| “non‑compliant mobility vehicle” has the meaning given by the Active Mobility Act 2017; |
| “non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under the Active Mobility Act 2017 either for all personal mobility devices generally or for the particular type of that personal mobility device; |
| “non‑compliant power‑assisted bicycle” means a power‑assisted bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under section 6 or the rules made under that section either for all power‑assisted bicycles generally or for the particular type of that power‑assisted bicycle. [10/2017; 26/2020] |
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| Taking of motor vehicle without owner’s consent |
96.—(1) Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months.| (2) If an accused satisfies the court that the accused acted in the reasonable belief that the accused had lawful authority or in the reasonable belief that the owner would, in the circumstances of the case, have given the owner’s consent if the owner had been asked therefor, the accused shall not be convicted of the offence under subsection (1). |
| (3) If on the trial of any person for the theft of a motor vehicle the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section, the court may convict the accused under this section. |
| (4) Any police officer may arrest without warrant any person reasonably suspected by the police officer of having committed or of attempting to commit an offence under this section. |
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| Restriction on persons taking hold of motor vehicle in motion |
97.—(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his or her being drawn or carried, the person shall be guilty of an offence.| (2) If, while a motor vehicle is on a road or on a parking place where the public may park motor vehicles, any person otherwise than with lawful authority or with reasonable cause gets on to or moves or tampers with the vehicle, the person shall be guilty of an offence. |
| (3) If any person loiters in or near a road or parking place where the public may park motor vehicles for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver, the person so loitering or importuning shall be guilty of an offence. |
| (4) Any police officer may arrest without warrant any person reasonably suspected by the police officer of having committed or of attempting to commit an offence under this section. |
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| Application to vehicles belonging to Government and armed forces |
98.—(1) This Part subject as otherwise provided applies to vehicles, trailers and persons in the service of the Government or of any visiting force lawfully present in Singapore.| (2) For the purpose of proceedings for an offence in connection with any such vehicle or trailer against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle or trailer is used is deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver only was responsible. |
(3) In the case of motor vehicles owned by the Government or by any visiting force lawfully present in Singapore and used for naval, military or air force purposes or in the case of motor vehicles so used while being driven by persons for the time being subject to the orders of any member of the armed forces in Singapore, the Authority may by rules, subject to any conditions that may be specified in the rules, vary in relation to any of those vehicles while being driven as aforesaid the provisions of this Act or any rule, order or notification imposing a speed limit on motor vehicles and the provisions of this Part which respectively —| (a) | impose restrictions on persons below 21 years of age with respect to the driving of heavy locomotives, light locomotives, motor tractors or heavy motor cars; or | | (b) | regulate the number of trailers which may be drawn by motor vehicles. |
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