REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 4]Friday, February 28 [2020

The following Act was passed by Parliament on 4 February 2020 and assented to by the President on 20 February 2020:—
Shared Mobility Enterprises
(Control and Licensing) Act 2020

(No. 8 of 2020)


I assent.

HALIMAH YACOB,
President.
20 February 2020.
An Act with respect to shared mobility services and to make consequential and related amendments to the Land Transport Authority of Singapore Act (Chapter 158A of the 1996 Revised Edition), the Parking Places Act (Chapter 214 of the 2014 Revised Edition) and the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART 1
PRELIMINARY
Short title and commencement
1.  This Act is the Shared Mobility Enterprises (Control and Licensing) Act 2020 and comes into operation on a date that the Minister appoints by notification in the Gazette.
General interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“applicant” means an applicant for or to renew a licence;
“authorised officer”, for any provision of this Act, means an officer or employee of the LTA who is appointed as an authorised officer under section 7 for the purposes of that provision;
“bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017 (Act 3 of 2017);
“business” includes any business, whether or not carried on for profit;
“chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who —
(a)is in the direct employment of, or acting for or by arrangement with, the licensee; and
(b)is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a shared mobility service,
and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer;
“class licence” means a class licence determined under an order made under section 17(1) (including as varied under section 18);
“class licensee” means a person to which a class licence applies;
“corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act (Cap. 50);
“director” has the meaning given by section 4(1) of the Companies Act;
“general public” includes a section of the public;
“granted” or “grant”, for a licence, includes granted or grant on renewal and deemed granted;
“licence” means a licence granted under Part 3;
“licensee” means a person to whom a licence is granted under this Act but does not include a class licensee;
“limited liability partnership” has the meaning given by the Limited Liability Partnerships Act (Cap. 163A);
“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A);
“mobility scooter” and “motorised wheelchair” have the meanings given by the Active Mobility Act 2017;
“mobility vehicle” means a mobility scooter or a motorised wheelchair;
“modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition;
“officer”, in relation to an applicant or a class licensee or licensee, means —
(a)where the applicant, class licensee or licensee is a body corporate (including a limited liability partnership) —
(i)an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body or any position analogous to any of those offices; or
(ii)for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
(b)where the applicant, class licensee or licensee is a partnership (including a limited partnership), a partner of the partnership; or
(c)where the applicant, class licensee or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices,
and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;
“park”, in respect of a vehicle, means to bring the vehicle to a stationary position and cause it to wait for any purpose;
“partner”, in relation to a limited partnership, includes a limited partner in the limited partnership;
“premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure;
“provider”, in relation to a shared mobility service, means the person who provides the shared mobility service;
“public authority” means —
(a)any ministry, department or Organ of State of the Government; or
(b)any body established by or under any public Act to perform a public function;
“public place” means any land or premises in Singapore —
(a)which is, or is on —
(i)any State land;
(ii)any land under the control or management of a public authority; or
(iii)any land which is under lease from a public authority to another person other than another public authority or to the Government, and is prescribed by the Minister, by order in the Gazette, as a public place for the purposes of this Act; and
(b)to which members of the public have access as of right or by virtue of express or implied permission and without payment of a fee,
and includes a public path within the meaning given by the Active Mobility Act 2017;
“public service vehicle” has the meaning given by the Road Traffic Act (Cap. 276);
“Regulations” means any regulations made under section 48;
“regulatory action” means any action that may be taken by the LTA —
(a)under section 29(1) or (2) against a licensee or class licensee; or
(b)under section 30(2) against a former licensee or former class licensee;
“representative”, for a provider of a shared mobility service using a type of vehicle, means an individual (whether or not an employee or officer of the provider) who —
(a)is directly involved in the day-to-day management of the provision of that shared mobility service;
(b)has access to and is authorised to provide any information relating to the shared mobility service that is required by or under this Act; and
(c)is authorised to represent for the purposes of this Act the provider of the shared mobility service in providing that service;
“road” has the meaning given by section 2(1) of the Road Traffic Act;
“safety directive” means a directive given under section 26;
“safety incident”, in relation to a shared mobility service, means —
(a)any situation where an individual —
(i)dies as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or
(ii)is injured or incapacitated as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or
(b)any situation where any immovable property is destroyed or seriously damaged as a result of an occurrence associated with the riding of a vehicle used in the provision of that service,
and “occurrence” includes an accident or a near‑accident;
“shared mobility service” has the meaning given by section 3;
“standard of performance” means a standard of performance issued or approved by the LTA under section 24, and includes any such standard of performance as amended from time to time under that section;
“under-aged rider” has the meaning given by the Active Mobility Act 2017;
“unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose;
“vehicle” means —
(a)a bicycle;
(b)a power-assisted bicycle;
(c)a personal mobility device;
(d)a mobility vehicle; or
(e)any other vehicle (whether mechanically propelled or otherwise) that is designed to transport people only (with or without carry‑on baggage) and is ordinarily not permitted by law to be used on a road,
and does not include a motor car or motor cycle, a heavy or light locomotive, a motor tractor or a public service vehicle which is a bus, private hire car or taxi;
“vehicle location device” means a device that is capable of transmitting signals about the approximate location of a vehicle for reception by another device.
(2)  In this Act, “improperly park a vehicle in a public place”, for a type of vehicle, means parking, or permitting to remain at rest without a rider, the vehicle undocked outside an area that is —
(a)demarcated (by a marking or traffic sign or other signboard) for parking of vehicles of that type; and
(b)provided by any licensee, class licensee, the Government or a public authority for the parking of vehicles of that type.
(3)  To avoid doubt, a reference in this Act to an offence under this Act or a provision of this Act includes a reference to an offence under the Regulations or to a provision of the Regulations, as the case may be.
Meaning of “shared mobility service” and associated terms
3.—(1)  In this Act, unless the context otherwise requires —
“booking”, in relation to a shared mobility service, means a booking for a vehicle used in the provision of that service to be hired for riding by an individual on wholly or partly in a public place;
“hire”, for a vehicle, does not include hiring the vehicle under a hire‑purchase agreement but includes any of the following:
(a)the hire of a vehicle for use on a single occasion, or the hire of a vehicle or different vehicles on multiple occasions within a fixed period;
(b)the hire of the vehicle as a free gift, or with the supply of any other goods or services as a free gift;
(c)the hire of the vehicle as a prize in any lottery, raffle, draw, game or competition held in Singapore;
(d)the hire of the vehicle to the general public as a free example or demonstration of a shared mobility service;
(e)the hire (with or without consideration) of the vehicle to an employee for the performance of employment duties or an outworker under an outwork arrangement;
“hirer” includes a prospective hirer of a vehicle;
“outwork arrangement” means a contract, an agreement, understanding or other arrangement of any kind (whether written or unwritten) with a contractor —
(a)under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and
(b)that is not a contract of employment;
“outworker” means an individual who performs work under an outwork arrangement;
“provide a shared mobility service” means providing a shared mobility service in the course of business, whether or not the primary function of the business is connected to shared mobility services;
“shared mobility service” means —
(a)a service provided using vehicles of a type prescribed by Regulations, under which an individual —
(i)can hire on-demand a vehicle of that type when it is standing or exposed undocked in a public place for hire by the general public to ride on wholly or partly in a public place, and can end the hiring of the vehicle undocked in or at any public place;
(ii)can hire on-demand a vehicle of that type when it is standing or exposed undocked (whether or not in a public place) for hire by the general public or otherwise to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place;
(iii)can hire a docked vehicle of that type to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place;
(iv)can make a booking to hire as described in sub‑paragraph (i), (ii) or (iii) a vehicle of that type to ride on wholly or partly in a public place, whether immediately or at a later time; or
(b)a service that involves facilitating the making and taking of bookings to hire as described in paragraph (a)(i), (ii) or (iii) any vehicle of a type prescribed by Regulations,
but excludes any service of a kind that the Regulations prescribe is not a shared mobility service.
(2)  In this Act, a vehicle is treated as undocked if the vehicle is parked or permitted to remain at rest without a rider in or at a place —
(a)that is outdoors or in an unenclosed shelter; and
(b)other than in or at a vehicle docking station or installation that —
(i)is attached permanently to the ground; and
(ii)is installed or provided by a person for the exclusive use of that person’s customers and can only be used by those customers.
(3)  In this Act, a vehicle is treated as docked if the vehicle is parked or permitted to remain at rest without a rider in circumstances not described in subsection (2).
(4)  For the purpose of determining whether a person provides a shared mobility service in Singapore, it does not matter —
(a)that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the service; or
(b)that the provider of the shared mobility service is located outside Singapore, if the vehicle hired under that service is hired for riding wholly or partly within Singapore.
Purposes of Act
4.  The purposes of this Act are to regulate the provision of shared mobility services so as —
(a)to facilitate the delivery of safe, reliable, efficient and customer‑focused shared mobility services in Singapore;
(b)to address indiscriminate parking of vehicles in public places arising from the provision of shared mobility services; and
(c)to enable the development and operation of innovative and accessible shared mobility services which contribute to the mobility and safety of people in Singapore.
Application of Act
5.—(1)  This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act.
(2)  To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government.
Administration of Act
6.—(1)  It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of shared mobility services, and to otherwise administer this Act.
(2)  No liability shall lie personally against any member, officer or employee of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act.
Authorised officers
7.—(1)  The LTA may, in relation to any provision of this Act, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case.
(2)  The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the LTA may specify; and any reference in that provision of this Act to the LTA includes a reference to such an authorised officer.