Road Traffic (Amendment) Bill

Bill No. 11/1966

Read the first time on 23rd February 1966.

An Act to amend the Road Traffic Ordinance, 1961 (No. 26 of 1961).

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, 1966, 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 Ordinance, 1961 (hereinafter in this Act referred to as “the Ordinance”) is hereby amended by deleting the definition of “park” appearing therein and substituting therefor the following: —

“ “park” means to bring a motor vehicle to a stationary position and cause it to wait for any purpose other than that of immediately taking up or setting down persons, goods or luggage;”.

Amendment of section 6

3. Section 6 of the Ordinance is hereby amended —

(a)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) No person who is a resident of Singapore shall possess or use a motor vehicle in respect of which a licence authorising its use is first issued outside Singapore after the 1st day of January 1966, until such fees as are prescribed have been paid to the Registrar.”;

(b)

by renumbering the existing subsection (2) thereof as subsection (3); and

(c)

by inserting immediately after subsection (3) thereof the following new subsections: —

“(4) A motor vehicle in respect of which a licence authorising its use is first issued outside Singapore after the 1st day of January 1966, and which is in the possession of, or is used by, a resident of Singapore shall, notwithstanding the provisions of subsection (1) of section 44, be deemed to be a motor vehicle in respect of which a licence or a general licence under this Part is not in force until the fees referred to in subsection (2) have been paid.

(5) For the purposes of subsections (2) and (4) the decision of the Registrar as to whether a person is a resident of Singapore shall be final.”.

Amendment of section 8

4. Section 8 of the Ordinance is hereby amended —

(a)

by deleting the words “It shall be the duty of the Registrar on receipt of such applications and declarations and on payment of such fees as are prescribed to issue licences for vehicles other than bicycles and to register bicycles” appearing in the first, second, third, and fourth lines of subsection (1) thereof and substituting therefor the words “The Registrar shall not be required to issue licences for vehicles other than bicycles, and to register bicycles without such declarations and the payment of such fees as are prescribed”;

(b)

by inserting immediately after subsection (1) thereof the following new subsections: —

“(2A) The Registrar may refuse to issue a licence for a motor vehicle or may cancel a licence which has been issued if, after giving the owner an opportunity of making any representation he may wish to make, he has reason to believe that the motor vehicle in respect of which the application has been made or that the motor vehicle referred to in such licence has been or is intended to be used for an unlawful purpose or in an unlawful manner.

(2B) Any person who is dissatisfied with the decision of the Registrar under subsection (2A) may, within twenty-one days of being notified of the decision appeal to the Minister, and on such appeal the Minister may make such order as he deems fit. Any order made by the Minister under this subsection shall be final and shall not be called into question in any court.

(2C) The provisions of subsection (2B) shall not apply to any person who acquires a motor vehicle after the licence in respect of such motor vehicle has been cancelled by the Registrar under subsection (2A).

(2D) The decision of the Registrar under subsection (2A), as to the cancellation of a licence which has been issued, shall take effect —

(a)	where there is no appeal against such decision, twenty-three days after the posting of the registered letter notifying the owner of such decision;
(b)	in the event of an appeal against such decision, three days after the posting of the registered letter notifying the owner of the order of the Minister under subsection (2B) confirming such decision.

(2E) The Registrar shall, where the licence of a motor vehicle has been cancelled under subsection (2A), endorse the registration book of such motor vehicle on the date such cancellation takes effect in accordance with subsection (2D).”.

Amendment of section 9

5. Subsection (1) of section 9 of the Ordinance is hereby amended —

(a)	by deleting the word “first” appearing in the first line thereof; and
(b)	by deleting the colon appearing at the end of the eleventh line thereof and substituting therefor a full-stop and by deleting the proviso thereto.

Amendment of section 44

6. Section 44 of the Ordinance is hereby amended —

(a)

by inserting immediately after the word “shall” appearing in the fourth line of subsection (1) thereof the expression “, subject to the provisions of section 6”; and

(b)

by inserting immediately after subsection (2) thereof the following new subsections: —

“(3) A person who has in his possession, or comes into possession of, or uses a motor vehicle in respect of which a licence issued under the provisions of any law in Malaysia relating to motor vehicles is in force shall inform the Registrar, within such period as may be prescribed, if he is resident in Singapore or takes up residence in Singapore.

(4) A person shall be deemed to have taken up residence in Singapore if he resides in Singapore for a continuous period exceeding six months.

(5) The Registrar may, by notice in writing, require any such person, whether or not he shall have provided the requisite information to the Registrar under the provisions of subsection (3) to apply for a licence under the provisions of this Part for any such motor vehicle upon the expiry of any licence in respect of such motor vehicle issued in Malaysia.

(6) Any motor vehicle in respect of which a notice has been served under the provisions of subsection (5) shall, if no licence has been issued in respect of such motor vehicle under the provisions of this Part upon the expiry of any licence issued in Malaysia, be deemed to be a motor vehicle in respect of which a licence or general licence under this Part is not in force.

(7) Upon the expiry of the licence of a motor vehicle which was first licensed outside Singapore, but in respect of which the licence fees are paid to the Registrar, the Registrar —

(a)	may license it under this Ordinance without an application being made therefor;
(b)	shall cause it to be registered and issued with a separate number and mark under section 9;
(c)	shall by notice in writing require the person in possession of it to fix such mark upon it.

(8) The provisions of subsection (3) of section 9 shall apply to any person driving or having charge of a motor vehicle in respect of which a notice has been served by the Registrar under paragraph (c) of subsection (7).

(9) For the purposes of subsections (3) and (4), the decision of the Registrar as to whether a person is resident in Singapore or has taken up residence in Singapore shall be final.

(10) The Registrar may, if he has reason to believe that a motor vehicle licenced in Malaysia have been or is intended to be used for an unlawful purpose or in an unlawful manner, notify the owner by registered post that the motor vehicle shall not be used in Singapore; and on the third day following the posting of such notification, the motor vehicle shall be deemed to be no longer a motor vehicle in respect of which a licence or a general licence, as the case may be, issued under the provision of this Part is in force.”.

Amendment of section 46

7. Section 46 of the Ordinance is hereby amended —

(a)

by deleting paragraph (b) thereof and substituting therefor the following: —

“(b)	to control, in connection with the use of a motor vehicle, the emission of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas or grit;”; and

(b)

by deleting the expression “(including vehicles belonging to Her Majesty’s Government in the United Kingdom)” appearing in the fourth, fifth and sixth lines of paragraph (s) thereof.

Amendment of section 47

8. Section 47 of the Ordinance is hereby amended —

(a)	by deleting the words “Her Majesty’s Government in the United Kingdom or to” appearing in the third line of subsection (3) thereof;
(b)	by deleting the words “or kept or used by the Ruler of a Malay State” appearing in the fifth and sixth lines of subsection (3) thereof;
(c)	by deleting the word “Crown” appearing in the third line of subsection (4) thereof and substituting therefor the words “Government or of any visiting force lawfully present in Singapore”;
(d)	by deleting the words “Her Majesty’s Government in the United Kingdom or by the Government” appearing in the first, second and third lines of the proviso to subsection (4) thereof and substituting therefor the words “the Government or by any visiting force lawfully present in Singapore”;
(e)	by deleting the words “in the Federation of Malaya or” appearing in the sixth and seventh lines of the proviso to subsection (4) thereof; and
(f)	by deleting the word “Crown” appearing in the marginal note thereto and substituting therefor the words “Government and the Armed Forces”.

Repeal and re-enactment of section 50

9. Section 50 of the Ordinance is hereby repealed and the following substituted therefor: —

“Prohibition of use of unlicensed public service vehicles

50.—(1) Subject to the provisions of this Part, no person shall use a motor vehicle, or cause or permit a motor vehicle to be used, as a public service vehicle unless there is in force, in respect of such vehicle, a valid licence granted under this Part authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto.

(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand dollars or to both such imprisonment and fine:

Provided that a person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that he used the motor vehicle, the subject of the charge, as a public service vehicle in an emergency for the purpose of conveying a sick or injured person to hospital or to bring medical aid to such person or for the purpose of making a report to a police station and that he had made all reasonable efforts to hire a public service vehicle for the purpose of the journey.

(3) A public service vehicle licence shall be in addition to any other licence issued under this Ordinance.

(4) Any motor vehicie in respect of which there has been, or there is reasonable cause to suspect that there has been, committed any offence under this section may be seized by any police officer or the Registrar or any officer authorised in writing in that behalf by the Registrar.

(5) When any motor vehicle has been seized under the provisions of subsection (4), a police officer or the Registrar or, an officer authorised in writing in that behalf by the Registrar —

(a)	may, in his discretion, temporarily return such motor vehicle to its owner on security being furnished to the satisfaction of such police officer, the Registrar or officer so authorised, as the case may be, that the motor vehicle shall be surrendered to him on demand; or
(b)	shall, upon the direction of the Public Prosecutor, and after making such investigations as are necessary for the purposes of this Ordinance, return such motor vehicle to its owner.

(6) Where it is proved to the satisfaction of a court before which the prosecution has been held that a motor vehicle seized under the provisions of subsection (4) has been used in the commission of an offence under this section, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, notwithstanding that no person may have been convicted of an offence under this Ordinance.

(7) If there be no prosecution with regard to any motor vehicle seized under subsection (4), such vehicle shall be released at the expiration of one month from the date of seizure unless it has sooner been released.”.

Amendment of section 73

10. Section 73 of the Ordinance is hereby amended —

(a)	by deleting the word “Crown” appearing in the third line thereof and substituting therefor the word “Government”; and
(b)	by deleting the word “Crown” appearing in the marginal note thereto and substituting therefor the word “Government”.

New section 77A

11. The Ordinance is hereby amended by inserting immediately after section 77 thereof the following new section: —

“Presumptions

77A. In any proceedings for an offence under Part II, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved —

(a)	that any conveyance of persons or goods in a motor vehicle was for hire or reward;
(b)	that the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them;
(c)	that a vehicle is not a vehicle in relation to which any licence under Part II has been issued;
(d)	that any person is not the holder of a licence issued under the provisions of Part II in respect of a motor vehicle;
(e)	that any person is the owner of a motor vehicle; and
(f)	that any person is the holder of a licence under Part II.”.

Repeal and re-enactment of section 79

12. Section 79 of the Ordinance is hereby repealed and the following substituted therefor: —

“Power to compound

79.—(1) The Deputy Commissioner of Police or any police officer not below the rank of Inspector specially authorised by name in that behalf by the Minister by notification in the Gazette may, in his discretion, compound any such offence under this Ordinance or under any rule made thereunder as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected or having committed the same a sum of money not exceeding twenty dollars.

(2) No licence shall be endorsed, suspended or cancelled by reason of any offence compounded under this section.

(3) The Minister may make rules to prescribe the offences which may be compounded and the method and procedure by which such offences may be compounded under this section.”.

Miscellaneous amendments

13.—(1) The following sections of the Ordinance are hereby amended by deleting the words “the Federation of Malaya” wherever they appear therein and substituting therefor the word “Malaysia”: —

Sections 2 (definition of “driving licence”), 8(1) proviso, 10(1), 13(9), 16 proviso, 44(1), 44(2) and 46 (paragraphs (n) and (y)).

(2) The following sections of the Ordinance are hereby amended by deleting the words “the Legislative Assembly”, “the Assembly” or “Assembly” wherever they appear therein and substituting therefor the word “Parliament”: —

Sections 61(2), 62(3) and 85 (including marginal note).

Search within Legislation