Road Traffic (Amendment) Act 1999 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 7]

Friday, February 26

[1999

The following Act was passed by Parliament on 20th January 1999 and assented to by the President on 26th January 1999:—

Road Traffic (Amendment) Act 1999

(No. 1 of 1999)

I assent.

ONG TENG CHEONG,

President.

26th January 1999.

Date of Commencement: 1st March 1999

An Act to amend the Road Traffic Act (Chapter 276 of the 1997 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Road Traffic (Amendment) Act 1999 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Road Traffic Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the definition of "driving licence" in subsection (1), the following definition:

“ “foreign driving licence” means a driving licence or permit (not being a provisional driving licence or permit) issued by a competent authority in another country between which and Singapore there is in force a treaty for the recognition of driving licences or permits issued in the countries which are parties to the treaty;”; and

(b)

by inserting, immediately after the word "Act," in the first line of subsection (2), the words "except sections 38(1) and 47F(4),".

Amendment of section 35

3. Section 35 of the principal Act is amended —

(a)

by deleting subsection (1A); and

(b)

by deleting subsection (8) and substituting the following subsection:

“(8) The Deputy Commissioner of Police may refuse to renew any driving licence, or may renew it for a period of one year only notwithstanding that the applicant has elected to renew it for 3 years, if he is satisfied —

(a)	that the holder of the driving licence has not complied with any process of court issued against him in respect of any offence committed by him under this Act or the rules or any written law specified in Part II of the Schedule; or
(b)	that the holder of the driving licence has, pursuant to a warrant of court, been arrested in connection with an offence under this Act or the rules or any written law specified in Part II of the Schedule and the offence has not been tried and determined by the court.”.

Repeal and re-enactment of section 38

4. Section 38 of the principal Act is repealed and the following section substituted therefor:

“Recognition of foreign driving licences and driving permits held by members of visiting forces

38.—(1) Subject to the provisions of this Act, it shall be lawful for a person resident outside Singapore who is temporarily in Singapore and who holds a valid foreign driving licence to drive in Singapore during a period of 12 months from the date of his last entry into Singapore a motor vehicle of the class or description which the foreign driving licence authorises him to drive, notwithstanding that he does not hold a driving licence granted under this Part.

(2) It shall be lawful for —

(a)	a member of a visiting force; or
(b)	a member of a civilian component of such visiting force,

who holds a driving permit issued to him by a competent authority of the country of the visiting force to drive in Singapore a motor vehicle belonging to the country of the visiting force which is of the class or description specified in the driving permit, notwithstanding that he does not hold a driving licence granted under this Part.

(3) In subsection (2), "visiting force" and "civilian component" shall have the same meanings as in the Visiting Forces Act (Cap.344).”.

Amendment of section 42

5. Section 42 of the principal Act is amended by inserting, immediately after subsection (1), the following subsection:

“(1A) Where a person (referred to hereinafter as the offender), is convicted of an offence under section 160, 304, 304A, 323, 324, 325, 326, 341, 342, 350, 352, 426 or 427 of the Penal Code (Cap. 224) and —

(a)	at the time of the commission of the offence the offender was the driver or was in charge of a motor vehicle on a road or other public place;
(b)	the person against whom the offence was committed was the driver of another vehicle on the road or public place, a passenger in that other vehicle or a pedestrian on the road or public place;
(c)	the court convicting the offender of the offence is satisfied that the commission of the offence arose from or was connected with a dispute between the offender and that other person over the use of the road or public place; and
(d)	having regard to the circumstances under which the offence was committed and the behaviour of the offender, the court is of the opinion that it is undesirable for the offender to continue to be allowed to drive a motor vehicle,

the court may, in addition to imposing on the offender the punishment provided for such offence, make an order disqualifying him from holding or obtaining a driving licence for life or for such period as the court may think fit.”.

New section 42A

6. The principal Act is amended by inserting, immediately after section 42, the following section:

“Disqualification for failing to attend court

42A.—(1) The Public Prosecutor may apply to the court for an order disqualifying a person from holding or obtaining a driving licence if —

(a)

that person is accused of an offence under this Act or the rules or any written law specified in Part II of the Schedule and had failed to appear before a court to answer the charge against him notwithstanding that he had been served with the appropriate process of court requiring him to so appear before that court;

(b)

the court before which he was to have appeared had, pursuant to his default in appearance, issued a warrant for his arrest;

(c)

he has been arrested pursuant to the warrant and subsequently released on bail;

(d)

he has been duly informed by —

(i)	the Deputy Commissioner of Police;
(ii)	the officer who arrested him; or
(iii)	if he is accused of an offence under any written law specified in Part II of the Schedule, an officer responsible for administering such written law,

that should he fail to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused, the Public Prosecutor shall make an application under this section for him to be disqualified from holding or obtaining a driving licence; and

(e)

he has failed, without lawful excuse, to appear in court on the date next appointed for his appearance in connection with the offence of which he is accused.

(2) Upon an application made by the Public Prosecutor under subsection (1), the court, if satisfied of the matters referred to in paragraphs (a) to (e) of that subsection and, having regard to the circumstances of the case and the behaviour of the accused person, is of the opinion that it is undesirable for him to continue to be allowed to drive a motor vehicle, may make an order disqualifying the accused person from holding or obtaining a driving licence until the offence of which he is accused has been tried and determined by a court or for such other period as the court thinks fit.

(3) Where the court makes an order under subsection (2) disqualifying a person from holding or obtaining a driving licence for any period ending before the trial and determination of the offence of which that person is accused, the court may, on further application of the Public Prosecutor, extend the period of the disqualification if it thinks fit.”.

Amendment of section 47C

7. Section 47C of the principal Act is amended —

(a)

by deleting the word "or" at the end of subsection (1)(b);

(b)

by deleting the comma at the end of paragraph (c) of subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:

“(d)	recklessly or at a speed or in a manner which is dangerous to the public in contravention of section 64(1); or
(e)	in a manner so rash or negligent as to endanger human life in contravention of section 279 of the Penal Code (Cap.224),”;

(c)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Where a person drives a motor vehicle on a road or other public place and whilst so driving commits an offence of —

(a)	causing death by reckless or dangerous driving in contravention of section 66(1); or
(b)	causing death by a rash or negligent act in contravention of section 304A of the Penal Code,

the Deputy Commissioner of Police may, where the first mentioned person is charged for that offence, suspend his driving licence from the date on which he is first charged for the offence, and the suspension shall remain in force until the offence is tried and determined by a court.”; and

(d)

by inserting, immediately after the words "subsection (1)" in the second line of subsection (2), the words "or (1A)".

New section 47F

8. The principal Act is amended by inserting, immediately after section 47E, the following section:

“Prohibition order against foreign motorists

47F.—(1) Where any provision of this Act empowers —

(a)	a court to order that a person be disqualified from holding or obtaining a driving licence; or
(b)	the Deputy Commissioner of Police to suspend a driving licence of any person,

such provision shall, in relation to a foreign motorist, be read as empowering the court or the Deputy Commissioner of Police to make an order (referred to hereinafter as a prohibition order) prohibiting such foreign motorist from driving any motor vehicle in Singapore for the same period for which the court or the Deputy Commissioner of Police may, by virtue of that provision, disqualify any person from holding or obtaining a driving licence or suspend the driving licence of any person, as the case may be.

(2) Any other provision of this Act which relates or which makes reference to the disqualification of persons from holding or obtaining a driving licence or to the suspension of driving licences, including any provision which provides for the punishment of any offence committed by a person who has been disqualified from holding or obtaining a driving licence or whose driving licence has been suspended, shall, in relation to a foreign motorist, be read as if every reference in that provision to the disqualification of a person from holding or obtaining a driving licence or to the suspension of the driving licence of any person were a reference to the making of a prohibition order against the foreign motorist.

(3) The Minister may make rules for modifying, in such manner as he may consider necessary, any of the provisions of this Act which relates or refers to the disqualification of persons from holding or obtaining a driving licence or to the suspension of driving licences in order that such provision may appropriately apply in relation to a foreign motorist against whom a prohibition order has been made under this section.

(4) In this section, "foreign motorist" means a person resident outside Singapore who is temporarily in Singapore and who holds a valid foreign driving licence, but does not include any member of any visiting force or a civilian component thereof to whom section 38(2) applies.”.

Amendment of section 49

9. Section 49 of the principal Act is amended by inserting, immediately after the words "Singapore Armed Forces" in the first line, in the third line and in the seventh line, the words "or the Singapore Civil Defence Force".

Amendment of section 62

10. Section 62 of the principal Act is amended —

(a)	by deleting the words "16 years" in subsection (1) and substituting the words "18 years"; and
(b)	by deleting subsection (2).

Amendment of section 64

11. Section 64 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:

“(4) Any police officer may arrest without warrant any person committing an offence under this section.”.

New section 65B

12. The principal Act is amended by inserting, immediately after section 65A, the following section:

“Use of mobile telephone while driving

65B.—(1) Any person who, being the driver of a motor vehicle on a road or in a public place, uses a mobile telephone while the motor vehicle is in motion 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 6 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 12 months or to both.

(2) In this section —

“mobile telephone” includes any hand held equipment which is designed or capable of being used for telecommunication;

“use”, in relation to a mobile telephone, means to hold it in one hand while using it to communicate with any person.”.

Amendment of section 67A

13. Section 67A(1) of the principal Act is amended by deleting "43(3A)" wherever it appears and substituting in each case "43(4)".

Amendment of section 71C

14. Section 71C(1) of the principal Act is amended by deleting the words "Commissioner of Police" in the definition of "police station" and substituting the words "Deputy Commissioner of Police".

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