Land Transport (Enforcement Measures) Act 2018

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 33]

Friday, September 28

[2018

The following Act was passed by Parliament on 10 September 2018 and assented to by the President on 25 September 2018:—

Land Transport (Enforcement Measures) Act 2018

(No. 38 of 2018)

I assent.

HALIMAH YACOB,

President.

25 September 2018.

Date of Commencement: 1 May 2018 Section 67

Date of Commencement: 8 July 2018 Section 47

Date of Commencement: 2 January 2019 Sections 2(a), (c) to (g), 3(c), (e), (g), (h), (j) and (k), 6 to 11, 12(a), 17(a) to (c), 20 to 32, 34 to 36, 38, 39, 41, 43, 45, 46, 48 to 50, 52 to 58, 61, 63 to 66, 70 to 74, 77 to 80

Date of Commencement: 1 February 2019 Sections 2(b), 3(a), (b), (d), (f) and (i), 4, 5, 12(b), 13 to 16, 17(d) to (h), 18, 19 and 33(a), (b) and (c)

Date of Commencement: 3 June 2019 Sections 33(d), (e) and (f), 37, 40, 42, 44, 51, 59, 60, 62, 68, 69, 75 and 76

An Act to amend certain Acts to strengthen enforcement capacity and measures across certain Acts relating to land transport management and regulation.

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

Short title and commencement

1.—(1) This Act is the Land Transport (Enforcement Measures) Act 2018 and, except for sections 47 and 67, comes into operation on a date that the Minister appoints by notification in the Gazette.

(2) Section 47 is deemed to have come into operation on 8 July 2018.

(3) Section 67 is deemed to have come into operation on 1 May 2018.

PART 1

AMENDMENTS TO ACTIVE MOBILITY ACT 2017

Amendment of section 2

2. Section 2(1) of the Active Mobility Act 2017 (Act 3 of 2017) is amended —

(a)

by deleting the words “under the Road Traffic Act (Cap. 276)” in the definition of “non‑compliant bicycle”;

(b)

by inserting, immediately after the definition of “non‑compliant bicycle”, the following definition:

“ “non‑compliant mobility vehicle” means —

(a)	a mobility scooter the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all mobility scooters generally or for the particular type of that mobility scooter; or
(b)	a motorised wheelchair the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all motorised wheelchairs generally or for the particular type of that motorised wheelchair;”;

(c)

by deleting the words “under the Road Traffic Act” in the definition of “non‑compliant power‑assisted bicycle”;

(d)

by inserting, immediately after the definition of “notice”, the following definitions:

“ “outsourced enforcement officer”, in relation to any provision of this Act or the regulations, means an individual who —

(a)	is appointed under section 11 of the Land Transport Authority of Singapore Act;
(b)	is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and
(c)	is acting within that authorisation;

“owner”, in relation to a bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter, means —

(a)

for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;

(b)

for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act (Cap. 276) at the relevant time;

(c)

for a registrable personal mobility device the registration of which under Part 3A is cancelled, or a PAB the registration of which under the Road Traffic Act is cancelled — the following person, as applicable:

(i)	the person who is last recorded in the registrable PMD register as the registered responsible person for that device;
(ii)	the person who is last recorded as the owner for that PAB under the Road Traffic Act; and

(d)

for any other vehicle — the person who is —

(i)	a sole or joint owner of the vehicle;
(ii)	a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or
(iii)	for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;”;

(e)

by inserting, immediately after the definition of “public path warden”, the following definitions:

“ “registered responsible person”, in relation to a registrable personal mobility device, means any person recorded in the registrable PMD register as the responsible person for the registrable personal mobility device;

“registrable personal mobility device” means a personal mobility device of the description prescribed by the Minister by order in the Gazette;

“registrable PMD register” means the register of registrable personal mobility devices required by section 28E to be established and maintained by the Authority;

“registration”, in relation to a personal mobility device, means registration of the personal mobility device in the registrable PMD register, and “registered” has a corresponding meaning;

“registration code” means a series of numbers or alphanumeric characters;”;

(f)

by inserting, immediately after the definition of “Town Council”, the following definitions:

“ “unregistered”, in relation to a registrable personal mobility device, means a registrable personal mobility device —

(a)	that is not registered under Part 3A; or
(b)	whose registration is cancelled under that Part;

“use‑incompatible signage”, in relation to any public path, means a sign signifying or prohibiting a use of the public path which is inconsistent with the permitted use of that path under Division 1 or 2 of Part 3;”; and

(g)

by inserting, immediately after the definition of “volunteer public path warden”, the following definition:

“ “wayfinding signage” includes a directional sign for the purpose of directing vehicular or pedestrian traffic to, or advising the public of, the location of any event, amenity, facility or place;”.

Amendment of section 18

3. Section 18 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the word “ride” in subsection (1)(a) and (b), the words “or drive”;

(b)

by deleting the words “or a personal mobility device” in subsection (1)(a) and (b) and substituting in each case the words “, a personal mobility device, a mobility scooter or a motorised wheelchair”;

(c)

by inserting, immediately after the words “on that public path” in subsection (1)(a), the words “or on all shared paths generally”;

(d)

by deleting the word “or” at the end of subsection (1)(a);

(e)

by inserting, immediately after the words “on that public path” in subsection (1)(b), the words “or on all footpaths generally”;

(f)

by deleting the comma at the end of paragraph (b) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(c)	drive on a public path that is a pedestrian‑only path a mobility scooter or a motorised wheelchair which, by reason of its construction, weight or equipment, is prescribed as banned for use on that public path or on all pedestrian‑only paths generally,”;

(g)

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

“(1A) Subject to this Act, an individual must not ride on a public path that is a shared path, a PAB that is not registered under the Road Traffic Act, knowing that, or reckless as to whether, it is so not registered.”;

(h)

by inserting, immediately after the words “specific footpath or shared path” in subsection (2), the words “or generally on all footpaths or shared paths (as the case may be),”;

(i)

by inserting, immediately after subsection (2), the following subsection:

“(2A) To avoid doubt, a mobility scooter or a motorised wheelchair may be prescribed as banned for use on a specific pedestrian‑only path, footpath or shared path, or generally on all pedestrian‑only paths, footpaths or shared paths (as the case may be), even if it is not non‑compliant.”;

(j)

by inserting, immediately after the words “subsection (1)” in subsection (3), the words “or (1A)”; and

(k)

by deleting the word “specific” in the section heading.

Amendment of section 19

4. Section 19 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the word “ride” in subsection (1), the words “or drive”;

(b)

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

(c)

by deleting the comma at the end of paragraph (c) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(d)	a non‑compliant mobility vehicle,”;

(d)

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

“(1A) Subject to this Act, an individual must not, without reasonable excuse, drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle knowing that, or reckless as to whether, the mobility scooter or motorised wheelchair (as the case may be) is non‑compliant.”;

(e)

by inserting, immediately after the words “subsection (1)” in subsection (2), the words “or (1A)”; and

(f)

by inserting, immediately after subsection (2), the following subsections:

“(3) Despite subsections (1) and (1A), where any requirement is prescribed in regulations as to construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, an individual may, if a grace period is prescribed, ride or drive on a public path during the grace period a bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be), the riding or driving of which is otherwise unlawful under this section by virtue only of that requirement, if the individual proves, on a balance of probabilities, that the bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair (as the case may be) was sold before the date mentioned in subsection (4)(a).

(4) A grace period, for any requirement prescribed in regulations as to the construction, weight or accessories for any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, means a period —

(a)	starting on the date the requirement in those regulations comes into force; and
(b)	prescribed in those regulations for the purpose of subsection (3).”.

Amendment of section 20

5. Section 20 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “may ride” in subsection (1), the words “or drive”;

(b)

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

(c)

by deleting the comma at the end of paragraph (c) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(d)	a non‑compliant mobility vehicle of a prescribed model or description,”;

(d)

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

“(1A) Despite section 19 but not affecting section 18, an individual may drive on a public path that is a pedestrian‑only path, a non‑compliant mobility vehicle of a prescribed model or description subject to such conditions as are prescribed in relation to that vehicle.”;

(e)

by deleting the words “any vehicle mentioned in subsection (1)” in subsection (2) and substituting the words “or driving any vehicle mentioned in subsection (1) or (1A)”; and

(f)

by inserting, immediately after the words “a public path that is a” in subsection (2), the words “pedestrian‑only path,”.

New section 20A

6. The Active Mobility Act 2017 is amended by inserting, immediately after section 20, the following section:

“Riding without displaying registration marks, etc.

20A.—(1) A rider of a registrable personal mobility device must, when riding the device on a public path, ensure that the following are installed and displayed on the device in accordance with the regulations:

(a)	any registration mark issued by the Authority under section 28C for that device;
(b)	a label or other mark required under section 28G(1)(b) in relation to that device.

(2) A rider of a PAB must, when riding the PAB on a public path, ensure that any identification mark required under the Road Traffic Act for the use of the PAB on a road is installed and displayed on the PAB in accordance with the requirements under that Act.

(3) A rider of a registrable personal mobility device or PAB who, without reasonable excuse, contravenes subsection (1) or (2) (as the case may be) commits an offence.

(4) A person who is guilty of an offence under subsection (3) shall be liable on conviction as follows:

(a)	to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both;
(b)	if 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.”.

Amendment of section 22

7. Section 22(1) of the Active Mobility Act 2017 is amended by deleting the words “that is a footpath or shared path”.

Amendment of section 26

8. Section 26 of the Active Mobility Act 2017 is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) The Authority may, for a purpose in subsection (1A), give an order to any proprietor or occupier of any land, requiring the proprietor or occupier to do all or any of the following, at the proprietor’s or occupier’s cost:

(a)

to install, erect or relocate, or cause to be installed, erected or relocated, on the land, any permanent wayfinding signage in relation to all or any public paths —

(i)	which lead to or away from the land;
(ii)	which front, adjoin or abut on the land; or
(iii)	on, under or over the land;

(b)

to remove or cause to be removed from the land any use‑incompatible signage in relation to all or any public paths —

(i)	which lead to or away from the land;
(ii)	which front, adjoin or abut on the land; or
(iii)	on, under or over the land.

(1A) An order under subsection (1) may be given only for either or both of the following purposes:

(a)	enhancing connectivity and supporting development that promotes walking and cycling and patronage of public transport;
(b)	supporting the right of members of the public to use a public path in accordance with this Act.”;

(b)

by deleting the words “permanent directional or wayfinding signage to be erected, installed or relocated” in subsection (2)(a) and substituting the words “signage to be installed, removed, erected or relocated, as the case may be”;

(c)

by deleting the words “permanent directional or wayfinding signage are to be erected, installed or relocated” in subsection (2)(b) and substituting the words “signage are to be installed, removed, erected or relocated”;

(d)

by deleting the words “installing, erecting or relocating” in subsection (2)(c) and (d) and substituting in each case the words “installing, removing, erecting or relocating (as the case may be)”; and

(e)

by deleting the words “Wayfinding signs” in the section heading and substituting the word “Signs”.

Amendment of section 27

9. Section 27 of the Active Mobility Act 2017 is amended —

(a)	by deleting the words “directional or” in subsections (1), (4) and (5)(a); and
(b)	by inserting, immediately after the words “or away from,” in subsections (1) and (4), the words “fronting, adjoining or abutting on,”.

Amendment of section 28

10. Section 28 of the Active Mobility Act 2017 is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Subject to subsection (2), a person must not cause or permit any vehicle, article or thing to remain on any public path that is not on State land so as to —

(a)	obstruct the use of the public path by pedestrians or individuals on vehicles lawfully authorised under this Act to use such a public path; or
(b)	create any inconvenience to the exercise of any right by any person under section 12 or 13.”; and

(b)

by inserting, immediately after the words “the obstruction” in subsection (2), the words “or inconvenience”.

New Part 3A

11. The Active Mobility Act 2017 is amended by inserting, immediately after section 28, the following Part:

“PART 3A

REGISTRATION OF REGISTRABLE
PERSONAL MOBILITY DEVICES

Purpose of this Part

28A. The purpose of this Part is to provide for the registration of personal mobility devices —

(a)	to enable the use of personal mobility devices on public paths to be regulated for reasons of safety and law enforcement; and
(b)	to provide a method of establishing the identity of each personal mobility device which is used on a public path and of the person who is responsible for it.

Mandatory registration of registrable personal mobility devices

28B.—(1) Except as otherwise provided by or under this Act, an individual must not ride an unregistered registrable personal mobility device on any footpath or shared path, knowing that, or reckless as to whether, the registrable personal mobility device is unregistered.

(2) Except as otherwise provided by or under this Act, a person must not cause or permit an individual to ride an unregistered registrable personal mobility device on any footpath or shared path, knowing that, or reckless as to whether, the registrable personal mobility device is unregistered.

(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction as follows:

(a)	to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both;
(b)	if the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) This section applies to the riding of a registrable personal mobility device only on or after a date specified by the Minister by order in the Gazette in relation to the type of that registrable personal mobility device.

Registration marks

28C.—(1) Registration of registrable personal mobility devices, and transfer of such registration, may be applied for, and granted or refused by the Authority, only in accordance with the regulations.

(2) On registering a registrable personal mobility device, the Authority must —

(a)	assign a unique registration code to the registrable personal mobility device so registered; and
(b)	issue to the registered responsible person for the registrable personal mobility device a registration mark indicating the unique registration code.

Cancellation of registration

28D. The Authority may cancel the registration of a registrable personal mobility device if —

(a)

the Authority is satisfied that the personal mobility device —

(i)	has ceased to be used on any footpath or shared path in Singapore;
(ii)	has become wholly unfit for further use;
(iii)	has been forfeited pursuant to this Act or any written law;
(iv)	is unclaimed for the purposes of section 53 and is disposed of in accordance with that section; or
(v)	is a non‑compliant personal mobility device;

(b)

the Authority becomes aware of a circumstance that would have required or permitted the Authority to refuse to register the personal mobility device, had it been aware of the circumstance immediately before registering the device; or

(c)

the registered responsible person for the registrable personal mobility device applies for the registration of the device to be cancelled.

Registrable PMD register

28E.—(1) Subject to this section, the Authority must establish and maintain a register of registrable personal mobility devices (called the registrable PMD register) in accordance with the regulations.

(2) The registrable PMD register may be established and maintained in such form as the Authority thinks appropriate for the purposes of this Part.

(3) The registrable PMD register must contain —

(a)	the prescribed information about each registrable personal mobility device registered under this Part, and its registered responsible person; and
(b)	such other prescribed information relating to the registrable personal mobility device.

(4) Except as permitted under subsection (5) or when lawfully required to do so by any court, the Authority must not supply to, or allow the inspection by, any person any information contained in the registrable PMD register.

(5) The Authority may, upon application made to it in writing by a person and on payment of the prescribed fee (if any), do any one or more of the following things as are required in the application:

(a)

inform the applicant (or the applicant’s authorised agent) whether a registrable personal mobility device is registered and whether the registration of the device is cancelled;

(b)

provide an applicant who belongs to a prescribed class of persons (or the applicant’s authorised agent) all or any of the following:

(i)	information about the identity of the registered responsible person for a registrable personal mobility device;
(ii)	an extract of any entry in the registrable PMD register relating to a registrable personal mobility device;

(c)

certify to an applicant who belongs to a prescribed class of persons (or the applicant’s authorised agent), as at the date of the certificate, in respect of the registrable personal mobility device to which the application relates all or any of the following:

(i)	the registration code of the personal mobility device and other particulars in the registrable PMD register relating to that device;
(ii)	the registered responsible person for the personal mobility device;
(iii)	whether the registration of the device is cancelled.

(6) The Authority may correct any mistake, error or omission in the registrable PMD register subject to the requirements in the regulations.

Registrable PMD register as evidence

28F.—(1) A certificate signed or purporting to be signed by an authorised officer and stating that —

(a)	a personal mobility device described or specified in the certificate was or was not registered at a specified time; or
(b)	any other particulars or information was recorded in the registrable PMD register at a specified time,

is admissible in any legal proceedings and is prima facie evidence of the facts stated in the certificate.

(2) However, the registrable PMD register does not provide evidence of title to any registrable personal mobility device.

General obligations of registered responsible persons

28G.—(1) A registered responsible person for a registrable personal mobility device must —

(a)	ensure that any registration mark issued by the Authority under section 28C is installed or displayed on the device in accordance with the regulations;
(b)	make and affix (at the registered responsible person’s expense) on the registrable personal mobility device a label or other mark of a description prescribed (called for the purposes of this Act an identification mark), and ensure that that identification mark is displayed on the device, in accordance with the regulations; and
(c)	comply with any other directions given by the Authority to ensure compliance with any conditions imposed about the registration of the device.

(2) A registered responsible person for a registrable personal mobility device who, without reasonable excuse, contravenes subsection (1) commits an offence.

(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction as follows:

(a)	to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both;
(b)	if 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.”.

Amendment of section 29

12. Section 29 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately before the definition of “buy” or “buying”, the following definition:

“ “advertisement” means an advertisement that is —

(a)	any writing;
(b)	any still or moving picture, sign, symbol or other visual image;
(c)	any audible message; or
(d)	any combination of 2 or more of those things in paragraphs (a), (b) and (c);”; and

(b)

by deleting the definition of “non‑compliant PMD advertisement” and substituting the following definitions:

“ “non‑compliant mobility vehicle advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant mobility vehicle or a range of non‑compliant mobility vehicles;

“non‑compliant PMD advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant personal mobility device or a range of non‑compliant personal mobility devices.”.

Amendment of section 30

13. Section 30 of the Active Mobility Act 2017 is amended —

(a)	by inserting, immediately after the words “any personal mobility device” wherever they appear in subsections (1) and (2), the words “, mobility scooter or motorised wheelchair”;
(b)	by inserting, immediately after the words “non‑compliant personal mobility device” in subsections (1) and (2), the words “or non‑compliant mobility vehicle”;
(c)	by inserting, immediately after the words “non‑compliant personal mobility devices” in subsection (3), the words “or non‑compliant mobility vehicles”; and
(d)	by inserting, immediately after the words “personal mobility devices” in the section heading, the word “, etc.”.

Amendment of section 31

14. Section 31 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “any personal mobility device” in subsection (1), the words “, mobility scooter or motorised wheelchair”;

(b)

by inserting, immediately after the words “prescribed number of warning notices for” in subsection (1), the words “personal mobility devices, mobility scooters or motorised wheelchairs to be sold, or offered or exposed for sale at”; and

(c)

by deleting subsection (3) and substituting the following subsection:

“(3) In this section —

(a)

a warning notice relating to a personal mobility device is a notice stating to the effect that —

(i)	the riding of personal mobility devices on any road is unlawful;
(ii)	the riding of non‑compliant personal mobility devices, non‑compliant power‑assisted bicycles and non‑compliant bicycles on any public path is ordinarily unlawful; and
(iii)	the riding of personal mobility devices, PABs or bicycles may be banned on certain footpaths or shared paths even if not non‑compliant; and

(b)

a warning notice relating to a mobility scooter or motorised wheelchair is a notice stating to the effect that —

(i)	the driving of mobility scooters or motorised wheelchairs on any road is unlawful;
(ii)	the driving of non‑compliant mobility vehicles on any public path is ordinarily unlawful; and
(iii)	the driving of mobility scooters or motorised wheelchairs may be banned on certain public paths even if not non‑compliant.”.

Amendment of section 32

15. Section 32 of the Active Mobility Act 2017 is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device, mobility scooter or motorised wheelchair on any premises or place, must not —

(a)	publish a non‑compliant PMD advertisement or a non‑compliant mobility vehicle advertisement at the premises or place; or
(b)	authorise or cause a non‑compliant PMD advertisement or a non‑compliant mobility vehicle advertisement to be so published.”;

(b)

by inserting, immediately after the words “non‑compliant PMD advertisement” in subsection (3), the words “or a non‑compliant mobility vehicle advertisement”; and

(c)

by inserting, immediately after the words “personal mobility device” in the section heading, the words “or mobility vehicle”.

Amendment of section 33

16. Section 33 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “any personal mobility device” in subsection (1)(a), the words “, mobility scooter or motorised wheelchair”;

(b)

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:

“(b)

at the time the personal mobility device or the mobility scooter or motorised wheelchair (as the case may be) is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends whichever as follows that is applicable:

(i)	to ride the personal mobility device on a public road;
(ii)	to drive the mobility scooter or motorised wheelchair on a public road.”; and

(c)

by inserting, immediately after the words “personal mobility devices” in the section heading, the word “, etc.,”.

Amendment of section 34

17. Section 34 of the Active Mobility Act 2017 is amended —

(a)

by inserting the word “and” at the end of subsection (1)(b);

(b)

by deleting the word “; and” at the end of subsection (1)(c) and substituting a full‑stop;

(c)

by deleting paragraph (d) of subsection (1);

(d)

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

“(1A) Subject to this Act, a person shall be guilty of an offence if —

(a)	the person sells, at any premises or place and in the course of business, any mobility scooter or motorised wheelchair;
(b)	at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the mobility scooter or motorised wheelchair (as the case may be) is a non‑compliant mobility vehicle; and
(c)	at the time the mobility scooter or motorised wheelchair is sold or offered for sale, the person knows that, or is reckless as to whether or not, the buyer intends to drive the mobility scooter or motorised wheelchair (as the case may be) on a public path.”;

(e)

by inserting, immediately after the words “non‑compliant personal mobility device,” in subsection (3)(a), (b) and (c), the words “non‑compliant mobility vehicle,”;

(f)

by inserting, immediately after the words “that personal mobility device,” in subsection (3)(b), the words “mobility scooter, motorised wheelchair,”;

(g)

by deleting paragraph (a) of subsection (4) and substituting the following paragraph:

“(a)

the accused had received from the person to whom the non‑compliant personal mobility device, non‑compliant mobility vehicle, non‑compliant PAB or non‑compliant bicycle was sold, evidence purporting to show that the person does not intend to ride the personal mobility device, PAB or bicycle or drive the mobility scooter or motorised wheelchair (as the case may be) on any public path; and”; and

(h)

by deleting the words “or a non‑compliant personal mobility device” in subsection (8)(a) and substituting the words “, a non‑compliant personal mobility device or a non‑compliant mobility vehicle”.

Amendment of section 35

18. Section 35 of the Active Mobility Act 2017 is amended —

(a)

by deleting paragraphs (a), (b) and (c) of subsection (1) and substituting the following paragraphs:

“(a)

the person, at any premises or place and in the course of business, alters (whether in the course of repair or otherwise) a personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair belonging to another person (called in this section the owner) so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle; and

(b)

at the time the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) is altered, the person knows that, or is reckless as to whether or not, the owner of the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair intends to ride the altered personal mobility device, PAB or bicycle or to drive the altered mobility scooter or motorised wheelchair (as the case may be) on a public path.”;

(b)

by deleting the words “or bicycle” wherever they appear in subsection (4)(a) and (b) and substituting in each case the words “, bicycle, mobility scooter or motorised wheelchair”; and

(c)

by deleting the words “or non‑compliant bicycle” in subsection (4)(c) and substituting the words “, non‑compliant bicycle or non‑compliant mobility vehicle”.

Amendment of section 36

19. Section 36 of the Active Mobility Act 2017 is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) any personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or a non‑compliant mobility vehicle (as the case may be) if it is proved —

(a)	that the accused had possession of the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair;
(b)	that the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) was not a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle, when the accused acquired possession of it; and
(c)	that at the time or soon after the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair (as the case may be) ceased to be in the accused’s possession, the personal mobility device, PAB, bicycle, mobility scooter or motorised wheelchair is non‑compliant.”;

(b)

by inserting, immediately after the words “personal mobility devices, power‑assisted bicycles or bicycles” wherever they appear in subsections (2) and (3), the words “, or mobility scooters or motorised wheelchairs”; and

(c)

by inserting, immediately after the words “such devices or bicycles” in subsection (3), the words “, or such mobility scooters or motorised wheelchairs (as the case may be)”.

Amendment of section 41

20. Section 41 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “Part 3” wherever they appear in subsections (2)(a), (b) and (c) and (7), the words “or 3A”;

(b)

by inserting, immediately after subsection (3), the following subsection:

“(3A) Subject to section 11A of the Land Transport Authority of Singapore Act, the powers that an outsourced enforcement officer may exercise under this Act are all or any of the following:

(a)	to ask an individual suspected of committing an offence under Part 3 or 3A to state the individual’s name and residential address;
(b)	to advise the individual to stop engaging in conduct that is an offence under Part 3 or 3A;
(c)	to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 or 3A was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place;
(d)	to exercise powers expressly conferred on an outsourced enforcement officer under this Act.”; and

(c)

by inserting, immediately after the words “volunteer public path wardens” in the section heading, the word “, etc.”.

Amendment of section 44

21. Section 44 of the Active Mobility Act 2017 is amended by deleting the words “Part 4” wherever they appear in subsections (1)(a) and (b), (2)(e)(iii), (5)(a) and (6) and in the section heading and substituting in each case the words “Part 3A or 4”.

Amendment of section 45

22. Section 45 of the Active Mobility Act 2017 is amended —

(a)	by inserting, immediately after the words “an authorised officer” in subsections (1)(b), (2), (3) and (4), the words “, an outsourced enforcement officer”;
(b)	by inserting, immediately after the words “an obstruction” in subsection (1)(b), the words “or inconvenience”;
(c)	by inserting, immediately after the words “the authorised officer” in subsections (1), (2) and (3), the words “, outsourced enforcement officer”; and
(d)	by deleting the words “or obstruction or a danger or obstruction” in subsection (1) and substituting the words “, obstruction or inconvenience or a danger, obstruction or inconvenience”.

Amendment of section 46

23. Section 46 of the Active Mobility Act 2017 is amended —

(a)	by deleting the words “a footpath or shared path” in subsection (1) and substituting the words “, or is causing inconvenience to the exercise of any right by any person under section 12 or 13 on, a public path”;
(b)	by inserting, immediately after the words “an authorised officer” in subsections (1), (3), (4) and (6), the words “, an outsourced enforcement officer”;
(c)	by inserting, immediately after the words “an obstruction” in subsection (1), the words “or inconvenience”;
(d)	by inserting, immediately after the words “An authorised officer” in subsection (2), the words “, an outsourced enforcement officer”; and
(e)	by inserting, immediately after the words “the authorised officer” in subsection (6), the words “, outsourced enforcement officer”.

Amendment of section 47

24. Section 47 of the Active Mobility Act 2017 is amended —

(a)	by inserting, immediately after the words “An authorised officer” in subsection (1), the words “, an outsourced enforcement officer”;
(b)	by inserting, immediately after the words “the authorised officer” in subsection (1)(b), the words “, outsourced enforcement officer”; and
(c)	by inserting, immediately after the words “an authorised officer” in subsections (2) and (3), the words “, an outsourced enforcement officer”.

Amendment of section 48

25. Section 48 of the Active Mobility Act 2017 is amended —

(a)

by deleting the words “or a public path warden” in subsections (1) and (2) and substituting in each case the words “or outsourced enforcement officer, or a police officer or public path warden”;

(b)

by inserting, immediately after the words “the authorised officer” in subsections (1) and (2), the words “, outsourced enforcement officer, police officer”;

(c)

by inserting, immediately after the words “fails to give” in subsection (4), the words “in accordance with subsection (2)”; and

(d)

by inserting, immediately after subsection (5), the following subsection:

“(6) In any proceedings for an offence under subsection (4), an accused which is a company, a partnership or an unincorporated body is not to be treated as having proved that the accused did not know and could not with reasonable diligence have ascertained the information required unless the accused also proves, on a balance of probabilities, that —

(a)

it had kept a proper and accurate record containing prescribed particulars of each occasion on which it permits any individual to ride or drive a vehicle —

(i)	whether or not the individual is a director, member, partner, officer, employee or agent of the accused or otherwise; and
(ii)	whether or not the individual is permitted to ride or drive the vehicle in the course of the individual’s employment with the accused or otherwise; but

(b)

the record shows no individual having been permitted by the accused to ride or drive the vehicle at or about the time of the alleged offence.”.

Amendment of section 50

26. Section 50 of the Active Mobility Act 2017 is amended —

(a)	by inserting, immediately after the words “an authorised officer” in subsections (1), (2) and (3), the words “, an outsourced enforcement officer”;
(b)	by inserting, immediately after the words “Part 3” in subsection (1), “, 3A”; and
(c)	by inserting, immediately after the words “the authorised officer” in subsections (1) and (3), the words “, outsourced enforcement officer”.

Amendment of section 53

27. Section 53(2) of the Active Mobility Act 2017 is amended by deleting the words “that person has not been located after reasonable inquiry or” in paragraph (b).

Amendment of section 56

28. Section 56 of the Active Mobility Act 2017 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 the word “; or”, and by inserting immediately thereafter the following paragraph:

“(d)	an outsourced enforcement officer in uniform,”; and

(c)

by deleting the words “or volunteer public path warden” in subsection (2) and substituting the words “, volunteer public path warden or outsourced enforcement officer”.

Amendment of section 57

29. Section 57(1) of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “an authorised officer” in paragraph (a), the words “or outsourced enforcement officer”; and

(b)

by deleting paragraph (d) and substituting the following paragraph:

“(d)

the document is furnished, or the statement is made or the information is given, for or in connection with —

(i)	an application in connection with the registration of a registrable personal mobility device under Part 3A; or
(ii)	a question or request by the Authority, an authorised officer or outsourced enforcement officer, a police officer, public path warden or volunteer public path warden under this Act,”.

Amendment of section 59

30. Section 59 of the Active Mobility Act 2017 is amended by inserting, immediately after the words “Part 3”, the words “or 3A”.

New section 59A

31. The Active Mobility Act 2017 is amended by inserting, immediately after section 59, the following section:

“Presumption of vehicle owner riding or driving

59A.—(1) An owner of a bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter who is an individual is presumed, until the contrary is proved, to be riding or driving the bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) at the time of the commission (on or after the date of commencement of section 31 of the Land Transport (Enforcement Measures) Act 2018) of an offence under Part 3 or 3A that —

(a)	involves the riding or driving of the bicycle, PAB, personal mobility device, motorised wheelchair or mobility scooter; and
(b)	is prescribed,

if the owner fails to give the information required of the owner under section 48 about that offence and the owner knew or ought reasonably to have known the information required.

(2) To avoid doubt, a reference in subsection (1) to an offence under Part 3 or 3A includes a reference to an offence under any regulations made for the purposes of Part 3 or 3A, as the case may be.”.

Amendment of section 62

32. Section 62(1) of the Active Mobility Act 2017 is amended —

(a)	by inserting, immediately after the words “an authorised officer”, the words “or outsourced enforcement officer”; and
(b)	by deleting the words “any court or under” in paragraph (b) and substituting the words “any court or where required or allowed by”.

Amendment of section 64

33. Section 64 of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “(including a limited liability partnership)” in subsection (4), the words “or an unincorporated association”;

(b)

by deleting the words “body corporate’s secretary or other like officer” in subsection (4)(a) and substituting the words “secretary or other like officer of the body corporate or unincorporated association”;

(c)

by inserting, immediately after the words “body corporate’s” in subsection (4)(b) and (c), the words “or unincorporated association’s”;

(d)

by inserting, immediately after subsection (4), the following subsection:

“(4A) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —

(a)

by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be;

(b)

by sending it by fax to whichever of the following is applicable:

(i)	the fax number last known to the Authority as the fax number for the service of documents on the individual;
(ii)	the fax number used at the partnership’s business address;
(iii)	the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;

(c)

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or

(d)

by any other method authorised by the regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.”;

(e)

by inserting, immediately after subsection (5), the following subsections:

“(5A) Service of a document under subsection (4A)(a) or (b) takes effect —

(a)	if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; or
(b)	if the document is sent by fax and a notification of successful transmission is received, on the day of transmission.

(5B) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way.”; and

(f)

by inserting, immediately after the definition of “business address” in subsection (7), the following definitions:

“ “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;”.

Amendment of section 67

34. Section 67(2) of the Active Mobility Act 2017 is amended —

(a)

by inserting, immediately after the words “and accessories of” in paragraph (a), the words “bicycles, PABs,”;

(b)

by inserting, immediately after the words “on public paths” in paragraph (a), the words “or for registration under Part 3A”;

(c)

by inserting, immediately after the words “carried by” in paragraph (a)(i), the words “bicycles, PABs,”;

(d)

by inserting, immediately after the words “be fitted to” in paragraph (a)(ii), the words “bicycles, PABs,”; and

(e)

by deleting the full‑stop at the end of paragraph (i) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:

“(j)

the requirements and procedure for the registration of a registrable personal mobility device and the maintenance of the registrable PMD register, including —

(i)	the qualifications for a person to be registered as a responsible person for a registrable personal mobility device, which may include a minimum age; and
(ii)	the circumstances and procedure for transferring the registration of a registrable personal mobility device to another registered responsible person;

(k)

the procedure for applying to cancel the registration of a registrable personal mobility device;

(l)

the size, shape and character of the registration marks and identification marks required to be fixed on any registrable personal mobility device, and the manner in which those marks must be secured, sealed or displayed on a registrable personal mobility device;

(m)

prohibitions or restrictions against forging, tampering or unauthorised alteration of any registration mark or identification mark required by this Act to be fixed or displayed on a registrable personal mobility device.”.

New section 67A

35. The Active Mobility Act 2017 is amended by inserting, immediately after section 67, the following section:

“Incorporation by reference

67A.—(1) Any regulation made in respect of the construction, equipment or accessories of bicycles, PABs, personal mobility devices, motorised wheelchairs and mobility scooters for use on public paths may apply, adopt or incorporate by reference —

(a)	either wholly or partially;
(b)	with or without modification; or
(c)	either specifically or by reference,

any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that the regulation deals with.

(2) Any material applied, adopted or incorporated in any regulation by reference under subsection (1) is to be treated for all purposes as forming part of the regulation.

(3) Unless otherwise provided in a regulation, every amendment to any material applied, adopted or incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (4) and (5), to be treated as being a part of that regulation.

(4) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation, the Authority must give notice in the Gazette stating —

(a)	that the material is applied, adopted or incorporated in the regulation, and the date on which the relevant provision in the regulation was made;
(b)	that the material is available for inspection during working hours, free of charge;
(c)	the place where the material can be inspected;
(d)	that copies of the material can be purchased, and the place where the material can be purchased; and
(e)	if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(5) In addition, the Authority must cause a copy of every material applied, adopted or incorporated in that regulation by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.

(6) In this section, “modification” includes omissions, additions and substitutions.”.

Miscellaneous amendments

36. The Active Mobility Act 2017 is amended —

(a)	by deleting paragraph (i) of section 68; and
(b)	by deleting subsection (5) of section 69.

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