Parking Places Bill

Bill No. 10/1974

Read the first time on 14th March 1974.

An Act to repeal and re-enact with amendments the Parking Places Act (Chapter 90 of the 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 Parking Places Act, 1974 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context othewise requires —

“Authority” means the Urban Redevelopment Authority constituted under the Urban Redevelopment Authority Act, 1973 (Act 65 of 1973);

“licence” means a licence to maintain or operate any private parking place granted under this Act;

“licensee” means the holder of a valid licence;

“park” with its grammatical variations means, in respect of a vehicle, to bring the vehicle to a stationary position and cause it to wait for any purpose;

“parking place” means any part of a road or any other place on or in which the parking of vehicles is authorised under the provisions of this Act;

“private parking place” means any land or premises or part thereof owned or occupied by any person other than the Government and used for the parking of ten or more motor vehicles;

“Superintendent” means the Superintendent of Car Parks or a Deputy or Assistant Superintendent appointed under section 6;

“vehicle” means any vehicle whether mechanically propelled or otherwise.

Minister may provide parking places

3. Where it appears to the Minister to be necessary to provide suitable parking places for vehicles, he may provide such parking places in accordance with the provisions of this Act, and for that purpose may —

(a)

utilise any land which may lawfully be acquired or appropriated for that purpose; or

(b)

by order authorise the use as a parking place of any part of a road:

Provided that no such order shall authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance.

Use of property as a private parking place

4.—(1) No person shall maintain or operate any private parking place unless he is a holder of a valid licence.

(2) The Minister may, by order published in the Gazette —

(a)	authorise the use as a private parking place of any land or premises with respect to which an agreement has been made between the Superintendent and the owner or the occupier thereof for the use of such land or premises as a private parking place; and
(b)	prescribe the manner in which a licensee shall maintain or operate a licensed private parking place.

(3) The Superintendent or any person authorised by him may manage and superintend any private parking place referred to in paragraph (a) of subsection (2).

Adaptation of land for use as a parking place

5. The Minister may take all such steps as may be necessary to adapt for use as a parking place any land not being part of a road which he may utilise for that purpose under this Act.

Appointment of Superintendents

6.—(1) The Authority shall appoint a Superintendent of Car Parks who shall be responsible for the performance of the duties and functions assigned to the Superintendent under this Act.

(2) The Authority may appoint such number of Deputy Superintendents and Assistant Superintendents of Car Parks as may from time to time be required for the purposes of this Act.

Government or the Authority not liable for loss or damage

7. The exercise by the Minister of his powers under this Act with respect to the use as a parking place or otherwise of any part of a road or any other place shall not render the Government or the Authority subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle parked in such parking place or otherwise.

Rules

8.—(1) The Minister may make rules —

(a)	as to the use of parking places and in particular as to the vehicles or class of vehicles which are entitled to use any such parking places and as to the conditions upon and the times during which such parking places may be used; and
(b)	for the control, regulation or supervision by registration, licensing or otherwise of private parking places, garages and places kept or used for the housing or parking of vehicles except garages or places used in connection with private dwelling-houses for housing or parking vehicles kept for private use only.

(2) Such rules may —

(a)	prescribe fees to be paid for the grant or renewal of any licence; and
(b)	prescribe the time within which charges prescribed by section 9 shall be paid and prescribe surcharges to be paid by any person who failed to pay the charges prescribed by that section within such prescribed time.

Minister may prescribe charges

9.—(1) The Minister may by order prescribe charges to be paid in connection with the use of any parking place.

(2) An order made under this section shall be published in the Gazette and shall come into operation on such publication or at such later date as may be prescribed therein.

Plying for hire prohibited within a parking place

10. While any vehicle is within a parking place which has not been appointed a public stand under the provisions of section 279 of the Municipal Ordinance (Cap. 133 1936 Ed) or of section 62 of the Road Traffic Act (Cap. 92), it shall not be lawful for the driver or conductor of the vehicle or for any person employed in connection therewith to ply for hire or to accept passengers for hire and any person who acts in contravention of this provision shall be guilty of an offence under this Act.

Parking places to be indicated by traffic signs

11.—(1) When the Minister authorises the use as a parking place of any part of a road, he shall cause such parking place to be indicated by means of traffic signs.

(2) In this section, the expression “traffic signs” shall have the meaning assigned to it by section 70 of the Road Traffic Act (Cap. 92).

Power to compound offence

12. The Superintendent may accept from any person who is reasonably suspected of having committed an offence under this Act or any rules made thereunder a sum of money not exceeding two hundred dollars by way of composition for the offence which may have been committed.

Duty to give information

13.—(1) Where the driver or the conductor of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the rules made thereunder —

(a)

the owner of the motor vehicle shall furnish such information as may be required by the Superintendent or an officer authorised by the Superintendent to act in that behalf as to the identity and address of the person who was the driver or conductor of that motor vehicle at or about the time of the alleged offence, and as to the driving licence held by that person (if necessary) and if he fails to do so within seven days of the date on which the information was required from him, he shall be guilty of an offence under this Act unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required; and

(b)

any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days of the date on which the information was required from him, such person fails to do so, he shall be guilty of an offence under this Act unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required.

(2) Any person who wilfully furnishes any false or misleading information under subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(3) The Superintendent or any officer authorised by the Superintendent to act in that behalf may require any information to be furnished under subsection (1) to be in writing signed by the person required to furnish such information.

(4) Notwithstanding any other written law to the contrary, any information given under this section by any person charged with an offence under this Act or the rules made thereunder or an 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.

(5) Notwithstanding any other written law to the contrary, any statement made by any person to the Superintendent or any officer authorised by the Superintendent as aforesaid that a motor vehicle was on a particular occasion being driven by or belonged to that person or that it belonged to a firm in which such person also stated that he was a partner or to a corporation of which such person stated that he was a director, officer or employee shall be admissible in evidence without proof of signature for the purpose of determining by whom such motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.

Penalty

14. Any person who contravenes or fails to comply with any of the provisions of this Act or any rules or order made thereunder shall be guilty of an offence under this Act and shall be liable on conviction, where no special penalty is provided, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment and in the case of a continuing offence to a further fine not exceeding two hundred and fifty dollars for every day or part thereof during which the offence is continued after the date of conviction.

Service of summons, etc.

15.—(1) Every summons, notice, order or document required or authorised by this Act or the rules made thereunder to be served on any person may be served by —

(a)	delivering the same to such person or by delivering the same at the last known place of abode of such person to some adult member or servant of his family;
(b)	leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or
(c)	forwarding the same by registered post in a prepaid letter addressed to such person at his usual or last known place of abode or business or any address furnished by him.

(2) Where any summons, notice, order or document is served on any person by registered post it shall be deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and in proving service of the same it shall be sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post.

All monies to be paid into the funds of the Authority

16. All charges collected under the provisions of this Act and all fines imposed for an offence under this Act or any rules made thereunder shall be paid into the funds of the Authority.

Repeal and savings provision

17.—(1) The Parking Places Act (Cap. 90) is hereby repealed.

(2) Any licence, notice or document issued, information given or other thing done under the provisions of the repealed legislation which, immediately before the date of commencement of this Act, was of force or effect shall continue in force and have effect as if issued, given or done under the corresponding provisions of this Act.

(3) The provisions of subsection (2) shall not be taken to affect the general application of the provisions of the Interpretation Act (Cap. 3) with regard to the effect of repeals.

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