PART I | Classification of Motor Vehicles |
| Vehicles to which Part I applies |
| 3. Subject to the provisions of sections 35 and 47 of this Ordinance, this Part of this Ordinance shall apply to all vehicles and trailers other than cars as defined in the Singapore Traction Ordinance (Cap. 111). |
| Classification of motor vehicles |
4.—(1) For the purposes of this Ordinance and of any rules made thereunder, motor vehicles shall be divided into the following classes: —| (a) | heavy locomotives; that is to say motor vehicles which are not constructed themselves to carry any load (other than water, fuel, accumulators and other equipment and materials used for the purpose of propulsion, loose tools and loose equipment) and the weight of which unladen exceeds eleven tons and a half; | | (b) | light locomotives; that is to say motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a) of this subsection) and the weight of which unladen does not exceed eleven tons and a half but does exceed seven tons and a quarter; | | (c) | motor tractors; that is to say motor vehicles which are not constructed themselves to carry any load (other than any of the articles specified in paragraph (a) of this subsection) and the weight of which unladen does not exceed seven tons and a quarter; | | (d) | heavy motor cars; that is to say motor vehicles (not being vehicles classified under this section as motor cars) which are constructed themselves to carry a load or passengers and the weight of which unladen exceeds two tons and a half; | | (e) | motor cars; that is to say motor vehicles (not being vehicles classified under this section as motor cycles) which are constructed themselves to carry a load or passengers and the weight of which unladen —| (1) | does not exceed three tons in the case of motor vehicles which are —| (i) | constructed solely for the carriage of passengers and their effects; and | | (ii) | adapted to carry not more than seven passengers exclusive of the driver; and | | (iii) | fitted with tyres of the prescribed type; and |
| | (2) | in any other case does not exceed two tons and a half; |
| | (f) | motor cycles; that is to say motor vehicles with less than four wheels and the weight of which unladen does not exceed eight hundredweight; | | (g) | invalid carriages; that is to say motor vehicles the weight of which unladen does not exceed five hundredweight and which are specially designed and constructed and not merely adapted for the use of persons suffering from some physical defect or disability and are used solely by such persons. |
| (2) The Minister may make rules for sub-dividing any such class as aforesaid whether according to weight, construction, nature of tyres, use or otherwise and making different provision with respect to each subdivision and varying in respect of any class the maximum or minimum weight fixed by this section. |
| (3) Any reference in this Part of this Ordinance to a class of motor vehicles shall include a reference to any subdivision of such a class. |
(4) For the purposes of this Part of this Ordinance —| (a) | in any case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle that vehicle shall be deemed to be a vehicle itself constructed to carry a load; and | | (b) | in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load but shall be deemed to form part of the vehicle; and | | (c) | a side car attached to a motor cycle shall if it complies with the prescribed conditions be regarded as forming part of the vehicle to which it is attached and not as being a trailer. |
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| Prohibition of vehicles not complying with rules as to construction, etc |
5.—(1) Subject as hereinafter provided, it shall not be lawful to use a vehicle or trailer which does not comply with the rules as to construction, weight and equipment applicable to the class or description of vehicles to which the vehicle belongs:| Provided that the Minister may by notification in the Gazette authorize, subject to such restrictions and conditions as may be specified in the notification, the use of special vehicles or trailers or special types of vehicles or trailers which are constructed either for special purposes or for tests or trials and of new or improved types of vehicles or trailers whether wheeled or wheel-less. |
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| (2) The Minister may at any time revoke, vary or amend a notification made under this section. |
| (3) Subject to the provisions of this section, it shall not be lawful to sell or to supply or to offer to sell or supply a vehicle or trailer for delivery in such a condition that the use thereof in that condition would be unlawful by virtue of the provisions of this section. |
| (4) Subject to the provisions of this section, it shall not be lawful to alter a vehicle or trailer so as to render its condition such that the use thereof in that condition would be unlawful by virtue of the provisions of this section. |
| (5) If a vehicle or trailer is used or is sold, supplied, offered or altered in contravention of this section, any person who so uses the vehicle or causes or permits the vehicle to be so used or so sells, supplies, offers or alters it or causes or permits it to be so sold, supplied, offered or altered shall be guilty of an offence under this Ordinance. |
| (6) A person shall not be convicted for an offence under this section in respect of the sale, supply, offer or alteration of a vehicle or trailer if he proves that it was sold, supplied, offered or altered, as the case may be, for export from Singapore, or that he had reasonable cause to believe that the vehicle or trailer would not be used in Singapore or would not be so used until it had been put into a condition in which it might lawfully be so used. |
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| Registration and Licensing of Vehicles |
| Prohibition of possession or use of unlicensed vehicles |
6.—(1) Except as otherwise provided by this Ordinance or by any rules made thereunder, no person shall possess or use a vehicle, other than a bicycle, unless there is in force in respect of such vehicle a licence issued under this Part of this Ordinance, and no person shall possess or use a bicycle unless such bicycle has been registered under this Part of this Ordinance.(2) The person who for the time being is or is deemed under the provisions of this Part of this Ordinance to be the registered owner of a vehicle shall for the purposes of subsection (1) of this section be deemed unless the contrary is proved to possess that vehicle:| Provided that where notice of a period of non-user in the prescribed form has been given to the Registrar in respect of any vehicle, no person shall be deemed to have contravened the provisions of subsection (1) of this section by reason only of the possession of the vehicle during that period. |
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| Appointment of Registrars |
7.—(1) The Yang di-Pertuan Negara shall appoint a Registrar of Vehicles who shall be responsible for the performance of the duties and functions assigned to the Registrar under this Ordinance.| (2) The Yang di-Pertuan Negara may appoint a Deputy Registrar and such number of Assistant Registrars as may from time to time be required for the purposes of this Ordinance. |
| (3) The Minister may from time to time give to the Registrar such directions, not inconsistent with the provisions of this Ordinance, as he may deem necessary for carrying out the provisions of this Part of this Ordinance, and may from time to time vary or revoke such directions, and the Registrar shall conform to any directions so given. |
| (4) The Registrar shall cause to be printed and provided the forms of licences and of applications for the same and all declarations, notices, returns, books of accounts and other documents required by rules made under this Ordinance or otherwise by law required with respect to any matter to which this Ordinance relates. |
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| Provisions as to licences |
8.—(1) 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:| Provided that the Registrar shall not issue a licence for any vehicle unless he is satisfied that such vehicle was licensed up to the date of issue of the new licence or that although not so licensed it has not been used in Singapore, or if the vehicle is a motor vehicle, it has not been used in Singapore or the Federation of Malaya since the expiration of the last licence issued therefor. |
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| (2) Such licences may be taken out for such periods of the year as may be prescribed and may be transferred in the prescribed manner. |
| (3) Application for a licence in respect of any vehicle shall be made to the Registrar. |
(4) Every person applying for a licence under this Part shall make such a declaration and furnish such particulars with respect to the vehicle for which a licence is to be taken out or otherwise as may be prescribed and shall in respect of a motor vehicle for which a licence is to be taken out produce to the Registrar such evidence as may be prescribed that either —| (a) | on the date when the licence comes into operation there will be in force the policy of insurance or the security required by law in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission; or | | (b) | the motor vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-party Risks and Compensation) Ordinance, 1960 (Ord. 1 of 1960), does not apply at any time when it is being driven by the owner thereof or by a servant of his in the course of his employment or is otherwise subject to the control of the owner. |
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| (5) Subject to the provisions of this Ordinance as to general licences, every licence shall be issued in respect of the vehicle specified in the application for the licence and shall not enable the person to whom it is issued to use any other vehicle and the Registrar shall not issue any licence for which application is made unless he is satisfied that the licence applied for is the proper licence for the vehicle specified in the application and, in the case of an application for a licence for a vehicle purporting to be the first application for a licence in respect of that vehicle, that a licence has not previously been issued in respect of that vehicle. |
| (6) When any vehicle in respect of which any such licence as aforesaid has been issued is altered after the licence has been issued in such a manner as to cause the vehicle to become a vehicle in respect of which a licence at a higher fee or a licence of a different class is required, the licence shall become void but the holder of the licence shall, on surrendering the same and furnishing the prescribed particulars, be entitled to receive a new licence in respect of the vehicle to have effect from the period for which the surrendered licence would, if it had not been surrendered, have remained in force on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount paid on the surrendered licence. |
| (7) If any fee payable in respect of a licence for a vehicle remains unpaid after ten days from the date on which such licence should have been taken out, or if the fee which has been paid in respect of a licence for a vehicle is less than the amount payable on the licence appropriate for that vehicle, the Registrar shall issue a notice requiring the defaulter to pay the amount due, together with a fee of fifty cents for the costs of such notice, within ten days from the date thereof. |
| (8) If such amount and fee are not paid within the said period of ten days, the Registrar may issue a warrant in the prescribed form directing the officer named therein to levy the same and the costs of recovery by seizure and sale of all and singular the movable property of the defaulter found within Singapore. |
| (9) The person to whom any such warrant is addressed may break open in the day-time any house or building for the purpose of seizing property in pursuance of such warrant. |
| (10) Such fees as are prescribed by the Minister shall be payable by way of costs in the case of the issue of a warrant for the recovery of any fee under this section. |
| (11) No person may take proceedings with a view to obtaining the repayment of any overpayment of any fee for a licence in respect of any vehicle unless such proceedings are brought before the expiration of the year next following the year in respect of which or of part of which the licence was taken out. |
| (12) Every licence issued in respect of a motor vehicle under this section shall be fixed to and exhibited on the vehicle in respect of which it is issued in such manner and subject to such conditions as may be prescribed. |
| (13) The Registrar when licensing any heavy motor car, motor car or motor cycle may determine and enter in the licence the maximum number of persons that may be carried in any portion thereof and may make entry of such number in the register. The owner and the person in charge of any such motor vehicle in respect of which the provisions of this subsection are contravened shall be guilty of an offence under this Ordinance. |
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| Registration and identification marks |
9.—(1) On the first issue of a licence under this Part of this Ordinance for a vehicle other than a bicycle, it shall be the duty of the Registrar to register the vehicle in the prescribed manner without any further application in that behalf by the person taking out the licence and, subject to the provisions of this section, the Registrar shall assign a separate number to every vehicle registered with him and a mark indicating both the registered number of the vehicle and the fact that it has been registered in Singapore shall be fixed on the vehicle or on any other vehicle drawn by the vehicle or on both in the prescribed manner:| Provided that any number which has been assigned to a motor vehicle before the coming into operation of the provisions of this section by a Registrar of Motor Vehicles in the Federation of Malaya and which is the registered number of that vehicle on the date on which the provisions of this section come into operation may be treated as having been assigned to the motor vehicle under the provisions of this Ordinance. |
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| (2) The Registrar shall, on any application for the registration of a bicycle made to him in the prescribed manner and on payment of the prescribed fee, register such bicycle in the prescribed manner, assigning a separate number to every bicycle registered with him, and a mark indicating both the registered number and the fact that it has been registered shall be fixed on the bicycle in the prescribed manner. |
(3) If the mark to be fixed in accordance with this Ordinance is not so fixed, or if being so fixed it is in any way obscured or rendered or allowed to become or to remain not easily distinguishable, the person driving the vehicle or having charge of the vehicle while it is being used shall be guilty of an offence under this Ordinance:| Provided that a person charged under this section with having an obscured mark or with obscuring a mark or rendering or allowing it to become or remain not easily distinguishable shall not be liable to be convicted on the charge if he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or not easily distinguishable. |
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| (4) A person shall not be liable to be convicted under this section if he proves that he had no reasonable opportunity of registering the vehicle in accordance with this section and that the vehicle is being driven on the road for the purpose of being so registered. |
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10.—(1) The Registrar may, subject to such rules as may be prescribed, issue a visitor’s licence in respect of a motor vehicle brought into Singapore from a place outside Singapore and the Federation of Malaya if the person in charge of such vehicle or the Automobile Association of Singapore or such other body as may be prescribed on his behalf satisfies the Registrar that the motor vehicle will be removed from Singapore and the Federation of Malaya within a period of ninety days from the date of arrival of the motor vehicle in Singapore.| (2) A visitor’s licence shall be expressed to expire not later than ninety days from the date of the arrival of the motor vehicle in Singapore. |
| (3) A visitor’s licence shall not be renewable nor shall it be issued in respect of a heavy locomotive, light locomotive, motor tractor, goods vehicle or any vehicle which is used for the carriage of passengers for hire or reward. |
| (4) The fee for a visitor’s licence shall be as prescribed. |
| (5) The Registrar shall not issue a visitor’s licence for a motor vehicle unless he is satisfied that there exists a policy of insurance which complies with the requirements of the Motor Vehicles (Third-party Risks and Compensation) Ordinance, 1960 (Ord. 1 of 1960), or of any rules made thereunder. |
| (6) A visitor’s licence shall not be issued in respect of a motor vehicle to which section 45 of this Ordinance applies. |
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11.—(1) If any person, being a manufacturer or repairer of or dealer in motor vehicles, makes in the prescribed manner an application in that behalf to the Registrar that he may be entitled in lieu of taking out a licence under this Part of this Ordinance for each motor vehicle kept by him to take out a general licence in respect of all motor vehicles used by him the Registrar may, if satisfied as to the bona fides of the applicant and subject to the prescribed conditions, issue to him such a licence on payment of the prescribed fee.| (2) The holder of any licence issued under this section shall not be entitled by virtue of that licence to use more than one motor vehicle at any one time except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes or to use any vehicle for any purpose other than such purposes as may be prescribed. |
| (3) Nothing in this section shall operate to prevent a person entitled to take out a general licence from holding two or more such licences. |
(4) A general licence shall not be issued until the applicant has produced to the Registrar such evidence as may be prescribed that either —| (a) | on the date when the licence comes into operation there will be in force the policy of insurance or the security required by law in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission; or | | (b) | the motor vehicle is a vehicle to which section 3 of the Motor Vehicles (Third-party Risks and Compensation) Ordinance, 1960 (Ord. 1 of 1960), does not apply at any time when it is being driven by the owner thereof or by a servant of his in the course of his employment or is otherwise subject to the control of the owner. |
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| (5) Provision may be made by rules under this Ordinance for the issue of more than one type of general licence and for assigning a general identification mark to a person holding any licence issued under this section. |
| (6) No general licence shall be assigned or transferred and the holder of any general licence who shall assign or transfer or attempt to assign or transfer the same shall be guilty of an offence under this Ordinance. |
| (7) If any person is aggrieved by the refusal of the Registrar to issue a general licence under this section, he may appeal to the Minister and the Minister shall on any such appeal make such order in the matter as he thinks just and the Registrar shall comply with any order so made. Any order made by the Minister under this subsection shall be final and shall not be challenged, appealed against, reviewed, quashed or called in question in any court and shall not be subject to certiorari, prohibition, mandamus or injunction in any court on any account. |
| (8) Any court before whom the holder of a general licence has been convicted of any offence under this Ordinance or any rules made thereunder or of any breach of the conditions of such general licence in respect of any vehicle used under a general licence held by him may suspend the general licence for the period of its validity or for any lesser period and the general licence shall thereupon be delivered to the court by the holder thereof and the court shall send the general licence to the Registrar who shall keep such licence until the suspension has expired or been cancelled. |
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| Offences in connection with registration and licensing of vehicles |
12.—(1) If any person possesses or uses any vehicle, other than a bicycle or a trisha, for which a licence under this Part of this Ordinance is not in force or causes or permits it to be so used or, being the holder of a general licence or general licences issued under this Ordinance, uses at any one time a greater number of motor vehicles than he is authorized to use by virtue of that licence or those licences, he shall be liable on conviction to a fine not exceeding one thousand dollars, and if any person possesses or uses a bicycle which has not been registered or a trisha which has not been licensed under this Part of this Ordinance, he shall be liable on conviction to a fine not exceeding one hundred dollars.| (2) Proceedings for a penalty under subsection (1) of this section may be brought at any time within a period of twelve months from the date on which the offence was committed. |
| (3) Where a licence has been taken out as for a motor vehicle to be used solely for a certain purpose and the motor vehicle is at any time during the period for which the licence is in force used for some other purpose, the person so using the motor vehicle or causing or permitting it to be so used shall, if the rate of fee chargeable in respect of a licence for a motor vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be liable on conviction to a fine not exceeding one thousand dollars and on a second or subsequent conviction shall in addition be liable to imprisonment for a term not exceeding three months. |
| (4) If in any proceedings under this section any question arises as to the number of motor vehicles used or as to the character, weight and horse-power of any motor vehicle or as to the number of seats provided in a motor vehicle or as to the purposes for which any motor vehicle has been used it shall be sufficient for a witness for the prosecution to swear that, in consequence of inquiries which he has made or of reports which he has received, he has reasonable grounds for believing that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle or the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used or any one or more of these facts was or were such as would be necessary to establish the offence charged, and thereupon the burden shall be on the defendant to prove that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle, the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used (as the case may require) was or were in fact such that the offence charged was not in law committed by him. |
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| Licensing of drivers, etc |
13.—(1) Except as otherwise provided in this Ordinance, no person shall drive a motor vehicle of any class or description on a road unless he is the holder of a driving licence authorizing him to drive a motor vehicle of that class or description, and no person shall employ or permit another person to drive a motor vehicle on a road unless the person so employed or permitted to drive is the holder of such a driving licence, and any person who acts in contravention of the provisions of this subsection shall be guilty of an offence under this Ordinance:| Provided that for the purposes of this subsection, the expression “holder of a driving licence” includes any member of a Commonwealth Force stationed in Singapore who is in possession of a certificate or other document duly issued to such member by a competent authority to drive a motor vehicle of the class or description specified in such certificate or document, such motor vehicle being the property of a Commonwealth Force. |
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| (2) Applications for a driving licence shall be made in the prescribed form to the Registrar. |
| (3) Every applicant for a driving licence shall furnish with his application two copies of his photograph and, in the case of a paid driver or of a person who desires or intends to be a paid driver, shall permit impressions of his fingers to be taken in such manner as the Registrar may direct. |
| (4) On an application for the grant of a driving licence, the applicant shall, in addition to any declaration required under this Ordinance, state whether he has held a driver’s certificate or licence in any part of the world, whether any such certificate or licence has been endorsed, suspended or cancelled, whether he has been disqualified for holding a licence and whether he is under the provisions of this Part of this Ordinance disqualified by reason of age or otherwise for obtaining the licence for which he is applying. |
| (5) Subject to the provisions of this Part of this Ordinance as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Registrar, except in the case of an applicant who is disqualified as hereinafter mentioned or of an applicant to whom in the opinion of the Registrar it would not be in the public interest to grant a licence, shall, on payment of the prescribed fee, grant a licence to any person who applies for it in the prescribed manner and makes a declaration in the prescribed form that he is not disqualified by reason of age or otherwise for obtaining the licence for which he is applying. |
| (6) A driving licence may authorize the holder thereof to drive all classes of motor vehicles or such class or classes or such type or types within any class or classes as the Registrar may specify therein. |
| (7) Where under the provisions of this Part of this Ordinance the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction shall be specified in the prescribed manner on the driving licence. |
| (8) Subject to the provisions of this Ordinance with respect to provisional licences, a driving licence shall, unless previously revoked or surrendered, remain in force for a period of either one year or three years from the date on which it was granted as the applicant may elect at the time of making application for such licence and on payment of the fee prescribed for that period. |
(9) A person shall be disqualified for obtaining a driving licence —| (a) | while another driving licence granted to him is in force whether the licence is suspended or not; | | (b) | if he is by a conviction under this Part of this Ordinance or by an order of a court in Singapore or the Federation of Malaya disqualified for holding or obtaining a driving licence. |
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| (10) In any proceedings the fact that a driving licence has been granted to a person shall be evidence that that person for the purpose of obtaining that licence made a declaration that he was not disqualified for holding or obtaining the licence. |
| (11) If any person is aggrieved by the refusal of the Registrar to grant a driving licence or by the revocation of a driving licence under section 15 of this Ordinance, he may after giving the Registrar notice of his intention so to do, appeal to the Minister and on any such appeal the Minister may make such order as he thinks fit and any order so made shall be binding on the Registrar. |
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| Tests of competence to drive of new applicants for driving licences |
14.—(1) A driving licence shall not be granted to any applicant unless he satisfies the Registrar that he has at some time passed the prescribed test of competence to drive:| Provided that the Registrar may, notwithstanding the foregoing provision, grant a driving licence to an applicant who satisfies him that at some time within three years before the date on which he makes the application he has held a driver’s certificate or licence issued by the competent authority in any country authorizing him to drive motor vehicles of the class or description which he would be authorized to drive by the licence applied for. |
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| (2) For the purpose of enabling the applicant for the grant of a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the Registrar may, if so requested by him and on payment of the prescribed fee, grant him a provisional licence to be in force for a period of six months, which licence shall be in the prescribed form and granted subject to the prescribed conditions. If any person to whom such a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence under this Ordinance. |
| (3) The court before which a person is convicted of an offence under section 24 or 25 of this Ordinance may, whether he has previously passed the prescribed test of competence to drive or not and whether or not the court makes an order under section 19 of this Ordinance disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified for holding or obtaining a licence to drive a motor vehicle until he has since the date of the order passed the test. |
(4) The provisions of this Ordinance which have effect where an order disqualifying a person for holding or obtaining a driving licence is made shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications: —| (a) | notwithstanding the provisions of subsection (9) of section 13 or of subsection (3) of section 20 of this Ordinance, the person disqualified shall (unless he is disqualified for holding or obtaining a driving licence otherwise than by virtue of an order under this section) be entitled to obtain and to hold a provisional driving licence to be granted (where the person disqualified is the holder of a driving licence granted by the Registrar) under subsection (2) of this section and to drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted; | | (b) | the disqualification shall be deemed to have expired on production to the Registrar of evidence that the person has since the order was made passed the prescribed test; | | (c) | on the return to the person disqualified of any driving licence held by him or on the issue to him of such a licence there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has since the order was made passed the prescribed test. |
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| Provisions as to physical fitness of applicants for driving licences |
15.—(1) On an application for the grant of a driving licence the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a motor vehicle of such a class or description as he would be authorized by the licence to drive, to be a source of danger to the public.(2) If from the declaration it appears that the applicant is suffering from any such disease or disability as aforesaid, the Registrar shall refuse to grant the driving licence:| (a) | a driving licence limited to driving an invalid carriage may be granted to the applicant if the Registrar is satisfied that he is fit to drive such a carriage; | | (b) | the applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to a test as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorized by the licence to drive and if he passes the prescribed test and is not otherwise disqualified the driving licence shall not be refused by reason only of the provisions of this subsection, provided that if the test proves his fitness to drive motor vehicles of a particular construction or design only, the driving licence shall be limited to the driving of such vehicles. |
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(3) If it appears to the Registrar that there is reason to believe that any person who holds a driving licence is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a motor vehicle of any such class or description as he is authorized by the licence to drive, to be a source of danger to the public and, after making such inquiry as he considers necessary, the Registrar is satisfied that the licence holder is suffering as aforesaid then, whether or not the licence holder so suffering as aforesaid has previously passed a test under this section, the Registrar may, after giving to the licence holder notice of such intention, revoke the driving licence, and the licence holder shall on receipt of such notice deliver the driving licence to the Registrar for cancellation:| Provided that the licence holder may, except in the case of such diseases and disabilities as may be prescribed, claim to be subjected to a test as to his fitness or disability to drive a motor vehicle and, if he passes the prescribed test, the driving licence shall not be revoked or, if it has already been revoked, shall be returned to the licence holder and the revocation thereof shall be rescinded. |
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| Production of driving licences |
16. Any person driving a motor vehicle on a road shall, on being so required by a police officer, produce his driving licence for examination so as to enable the police officer to ascertain the name and address of the holder of the licence, the date of issue and the authority by which it was issued, and if he fails so to do he shall be guilty of an offence under this Ordinance:| Provided that if within five days after the production of his driving licence was so required, the licensee produces the licence in person at such police office or police station in Singapore or in the Federation of Malaya as may be specified by such licence holder at the time its production was required he shall not be convicted of an offence under this section: |
| And provided further that the foregoing proviso shall not apply to a paid driver or to the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods. |
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| 17. If the Registrar has reasonable cause to believe that a driving licence is in the possession of any other than the person to whom it was issued, he may by notice in writing served personally on the person in whose possession such licence is alleged to be, require him forthwith to deliver the same to the Registrar who shall in the absence of any reason to the contrary deliver the said driving licence to the person to whom it was issued. Any person who without reasonable cause fails to comply with a notice under this section shall be guilty of an offence under this Ordinance. |
| Paid drivers to attend when required |
18.—(1) Every paid driver shall, if so required in writing by the Registrar, attend at the office of the Registrar, and, if so required, shall permit impressions of his fingers to be taken and produce his driving licence.| (2) Any person who, without reasonable cause, fails to comply with the requirements of this section shall be guilty of an offence under this Ordinance. |
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| Disqualification for offences |
19.—(1) Any court before which a person is convicted of any criminal offence in connection with the driving of a motor vehicle —| (a) | may, in any case except where otherwise expressly provided by this Part of this Ordinance, and shall, where so required by this Part of this Ordinance, order him to be disqualified for holding or obtaining a driving licence for life or for such period as the court thinks fit; and | | (b) | may, in any case, and shall, where a person is by virtue of a conviction disqualified for holding or obtaining a driving licence or where an order so disqualifying a person is made or where so required by this Part of this Ordinance, order that particulars of the conviction and of any disqualification to which the convicted person has become subject shall be endorsed on any driving licence held by the offender:| Provided that if the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the motor vehicle in relation to which the offence was committed. |
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| (2) A person who by virtue of an order of a court under this Part of this Ordinance is disqualified for holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order. |
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| Provisions as to disqualifications and suspensions |
20.—(1) Where a person who is disqualified by virtue of a conviction or order under this Part of this Ordinance is the holder of a driving licence, such licence shall be suspended as long as the disqualification continues in force.| (2) A driving licence suspended by virtue of this Part of this Ordinance shall during the time of suspension be of no effect. |
(3) If any person who under the provisions of this Part of this Ordinance is disqualified for holding or obtaining a driving licence applies for or obtains a driving licence while he is so disqualified or if any such person while he is so disqualified drives a motor vehicle, or if the disqualification is limited to the driving of a motor vehicle of a particular class or description a motor vehicle of that class or description, on a road that person shall be liable on conviction either —| (a) | to imprisonment for a term not exceeding six months; or | | (b) | (if the court thinks that having regard to the special circumstances of the case it is not necessary to impose a sentence of imprisonment for the offence) to a fine not exceeding one thousand dollars; or | | (c) | to both such imprisonment and fine, |
| and a driving licence obtained by any person disqualified as aforesaid shall be of no effect. |
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(4) Notwithstanding any written law prescribing the time within which proceedings may be instituted, proceedings for an offence under subsection (3) of this section may be instituted —| (a) | within a period of six months from the date of the commission of the alleged offence; or | | (b) | within a period which exceeds neither three months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence, |
| whichever period is the longer. |
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| Provisions as to endorsements |
21.—(1) An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any driving licence held by the offender shall, whether the offender is at the time the holder of a driving licence or not, operate as an order that any driving licence he may then hold or may subsequently obtain shall be so endorsed until he becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.(2) Where an order is made requiring any driving licence held by an offender to be endorsed then —| (a) | if the offender is at the time the holder of a driving licence he shall if so required by the court, produce the driving licence within five days or such longer time as the court may determine for the purpose of endorsement; and | | (b) | if he is not then the holder of a driving licence but subsequently obtains a driving licence, he shall, within five days after so obtaining the driving licence, produce it to the court for the purpose of endorsement, |
| and if he fails to do so, he shall be guilty of an offence under this Ordinance; and if the driving licence is not produced for the purpose of endorsement within such time as aforesaid, it shall be suspended from the expiration of such time until it is produced for the purpose of endorsement. |
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| (3) On the issue of a new driving licence to any person, the particulars endorsed on any previous driving licence held by him shall be copied on to the new driving licence unless he has previously become entitled under the provisions of this section to have a driving licence issued to him free from endorsements. |
| (4) If any person whose driving licence has been ordered to be endorsed and who has not previously become entitled under the provisions of this section to have a driving licence issued to him free from endorsement, applies for or obtains a driving licence without giving particulars of the order he shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months, and any driving licence so obtained shall be of no effect. |
(5) Where an order has been made in respect of a person under this Part of this Ordinance or the corresponding provisions of any Ordinance repealed by this Ordinance requiring the endorsement of any driving licence held by him, he shall be entitled either on applying for the grant of a driving licence under this Part of this Ordinance or subject to the payment of the prescribed fee and subject to surrender of any subsisting driving licence on application at any time to have issued to him a new driving licence free from endorsements —| (a) | if he has, during a continuous period of three years or upwards since the order was made, had no such order made against him or no such order other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at a speed exceeding a speed limit; or | | (b) | where the order was made by reason only of such a conviction as aforesaid and immediately before the order was made he was the holder of, or was entitled to have issued to him, a driving licence free from any endorsements or free from any endorsements except of particulars in relation to such a conviction as aforesaid if he has during a continuous period of one year or upwards since the order was made had no order requiring endorsements made against him: |
| Provided that in reckoning the said continuous period of three years and one year respectively, any period during which the applicant was by virtue of the order disqualified for holding or obtaining a driving licence shall be excluded. |
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| (6) Where a court orders particulars to be endorsed on a driving licence held by any person or where by a conviction or order of a court a person is disqualified for holding or obtaining a driving licence, the court shall send notice of the conviction or order to the Registrar and in a case where a person is so disqualified shall also on the production of the driving licence for the purpose of endorsement retain the driving licence and forward it to the Registrar who shall keep the driving licence until the disqualification has expired or been removed and the person entitled to the driving licence has made a demand in writing for its return to him. |
| (7) Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description, the Registrar shall forthwith after the receipt thereof issue to that person a new driving licence on which there shall be indicated in the prescribed manner the class or description of vehicle which the holder of the driving licence is not thereby authorized to drive, and the driving licence so issued shall remain in force either for the unexpired period of the original driving licence or for the period of the disqualification whichever is the shorter. |
| (8) Where on an appeal against any such order, the appeal is allowed or where any such conviction is quashed the court by which the appeal is allowed or the conviction is quashed shall send notice thereof to the Registrar and the Registrar or other officer of the court shall as may be necessary cancel or amend any endorsement made on any driving licence. |
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| Provisions as to Driving and Offences in connection therewith |
| Restriction on driving by young persons |
22.—(1) A person under sixteen years of age shall not drive a motor vehicle on a road.| (2) A person under seventeen years of age shall not drive a motor vehicle other than a motor cycle or an invalid carriage on a road. |
| (3) A person under twenty-one years of age shall not drive a heavy locomotive, light locomotive, motor tractor or heavy motor car on a road. |
| (4) The burden of establishing his age shall rest on the applicant for a driving licence. |
| (5) Any person who drives or causes or permits any person to drive a motor vehicle in contravention of this section shall be guilty of an offence under this Ordinance. |
| (6) A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall for the purposes of this Part of this Ordinance be deemed to be disqualified under the provisions of this Part of this Ordinance for holding or obtaining any licence other than a licence to drive such motor vehicles, if any, as he is not by this section forbidden to drive. |
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23.—(1) Except as otherwise provided by this Ordinance or by any rules made thereunder, it shall not be lawful for any person to drive a motor vehicle of any class or description on a road at a speed greater than any speed which may be prescribed as the maximum speed in relation to a vehicle of that class or description.(2) The Minister may by notification in the Gazette prohibit the driving of motor vehicles generally or of particular classes of motor vehicles above a specified speed over any specified road or part of a specified road either generally or for a specified time or times:| Provided that such prohibition shall unless renewed by notification in the Gazette in no case remain in force for a longer period than three years. |
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| (3) So long as any prohibition made under subsection (2) of this section remains in force, the Minister may cause or permit to be placed or erected and maintained traffic signs which shall state the substance of the notification in the Gazette containing such prohibition and which shall be placed in such positions as shall give adequate notice thereof to drivers of motor vehicles. |
| (4) A person who drives a motor vehicle on a road at a speed exceeding any speed limit imposed by or in exercise of powers conferred by this Ordinance shall be guilty of an offence under this Ordinance. |
| (5) A first or second conviction for driving a motor vehicle on a road at a speed exceeding a speed limit imposed by or under any written law shall not render the person convicted liable to be disqualified for holding or obtaining a driving licence. |
| (6) The court may order particulars of any conviction under subsection (4) of this section to be endorsed on any driving licence held by the person convicted. |
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| Reckless or dangerous driving |
24.—(1) If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.| (2) The court shall order particulars of any conviction under subsection (1) of this section to be endorsed on any driving licence held by the person convicted. |
| (3) On a second or subsequent conviction under this section, the convicting court shall exercise the power conferred by this Part of this Ordinance of ordering that the offender shall be disqualified for holding or obtaining a driving licence unless the court, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason, thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction. |
| (4) Where a person is convicted of abetting the commission of an offence under this section and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purpose of the provisions of this Part of this Ordinance relating to disqualification for holding or obtaining driving licences, be deemed to be an offence in connection with the driving of a motor vehicle. |
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| Driving without due care or reasonable consideration |
25.—(1) If any person drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road, he shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment, and in the case of a second or subsequent conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.(2) A first or second conviction for an offence under this section shall not render the offender liable to be disqualified for holding or obtaining a driving licence for a longer period than one month in the case of a first conviction, or three months in the case of a second conviction:| Provided that where within the three years next before the date on which he is convicted for an offence under this section the offender has been convicted for an offence under section 24 of this Ordinance that conviction shall be treated for the purposes of this subsection as if it had been a conviction for an offence under this section. |
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| Causing death by reckless or dangerous driving |
26.—(1) Any person who causes the death of another person by the driving of a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding five years.| (2) The provisions of section 323 of the Criminal Procedure Code (Cap. 132) shall apply to any offence under this section as it applies to the offence of causing death by a rash or negligent act. |
| (3) If upon the trial of a person for an offence under this section, the court is not satisfied that his driving was the cause of the death, but is satisfied that he is guilty of driving as specified in subsection (1) of this section, it shall be lawful for the court to convict him of an offence under section 24 of this Ordinance, whether or not the requirements of section 33 of this Ordinance have been satisfied as respects that offence. |
| (4) The court shall order particulars of any conviction under subsection (1) of this section to be endorsed on any driving licence held by the person convicted. |
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| Driving while under the influence of drink or drugs |
27.—(1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of such vehicle, shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.| (2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted. |
| (3) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of the conviction for holding or obtaining a driving licence. |
| (4) Any police officer may arrest without warrant any person committing an offence under this section. |
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| Being in charge of a motor vehicle when under the influence of drink or drugs |
28.—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle, is unfit to drive in that he is under the influence of drink or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment:| Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves — |
| (a) | that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and | | (b) | that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place. |
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| (2) On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a driving licence. |
| (3) Where a person convicted of an offence under this section has been previously convicted of an offence under section 27 of this Ordinance, he shall be treated for the purpose of this section as having been previously convicted under this section. |
| (4) Any police officer may arrest without warrant any person committing an offence under this section. |
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29.—(1) It shall not be lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.| (2) If any person is carried on any such motor cycle in contravention of the provisions of this section, the driver of such motor cycle shall be guilty of an offence under this Ordinance. [27] |
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| Requirements as to employment of drivers and attendants |
30.—(1) In the case of heavy locomotives and light locomotives, two persons shall be employed in driving or attending the locomotive whilst being driven on any road and where any such locomotive is drawing a trailer or trailers on a road one or more persons in addition to the persons employed as aforesaid shall be employed for the purpose of attending to the trailer or trailers at the rate of one such additional person for each trailer:| Provided that this subsection shall not apply to a road roller. |
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| (2) Where a motor vehicle other than a heavy locomotive or a light locomotive is drawing a trailer or trailers on a road one person in addition to the driver of the vehicle shall be carried on each trailer for the purpose of attending to such trailer. |
| (3) For the purposes of this section, the expression “trailer” shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load or any road sweeping or road construction vehicles or any trailer or class of trailers exempted from the operation of this section by the Minister. |
| (4) If any person causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section he shall be guilty of an offence under this Ordinance. |
| (5) The Minister may by rules prescribe the number of attendants who shall be and other persons who may be carried on goods vehicles and regulate the positions on the vehicle which they may occupy and the duties of such attendants. |
| (6) The Minister may by rule vary the requirements of this section in respect of any class or description of motor vehicles or any class or description of trailers. [28] |
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| Restriction on the number of trailers drawn |
31.—(1) The number of trailers if any which may be drawn by a motor vehicle on a road shall not exceed one.| (2) For the purposes of this section, the expression “trailer” shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load. |
| (3) If any person causes or permits a trailer to be drawn in contravention of this section he shall be guilty of an offence under this Ordinance. [29] |
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32.—(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Ordinance or any rules made thereunder —| (a) | the owner of the motor vehicle shall give such information as he may be required by a police officer to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person, 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 Ordinance 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, he fails to do so, he shall be guilty of an offence under this Ordinance. |
| (2) Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence under this Ordinance may be used as evidence at the hearing of the charge. |
| (3) Notwithstanding any other written law to the contrary, any statement made by any person to any police officer 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 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. |
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| Restrictions on prosecutions under certain sections |
33. Where a person is prosecuted for an offence under section 24 or 25 of this Ordinance or under any of the provisions of this Part of this Ordinance relating to the maximum speed at which motor vehicles may be driven, he shall not be convicted unless either —| (a) | he was warned at the time the offence was committed that the question of prosecuting him for an offence under any such provision as aforesaid would be taken into consideration; or | | (b) | within fourteen days of the commission of the offence a summons for the offence was served on him; or | | (c) | within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence: | | (i) | failure to comply with this requirement shall not be a bar to the conviction of the accused in any case in which the court is satisfied that —| (1) | neither the name and address of the accused nor the name and address of the registered owner of the motor vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or | | (2) | the accused by his own conduct contributed to the failure; and |
| | (ii) | the requirements of this section shall in every case be deemed to have been complied with unless and until the contrary is proved:| And provided further that this section shall not apply in any case in which the person prosecuted was, in connection with the incident in respect of which a charge against such person is preferred, arrested either on the day on which such incident occurred or within fourteen days of such date. [31] |
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| Duty to stop in case of accident |
34.—(1) If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall stop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the motor vehicle.| (2) If in the case of any such accident as aforesaid the driver of the motor vehicle for any reason does not give his name and address to any such person as aforesaid, he shall report the accident at a police station or to a police officer as soon as reasonably practicable and, in any case within twenty-four hours of the occurrence thereof. |
| (3) If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal the driver of such motor vehicle shall render such assistance as may be reasonably required by any police officer or in the absence of any police officer such assistance as it may reasonably be in the power of such driver to render. |
(4) When owing to the presence of a motor vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or structure no person shall except under the authority of a police officer move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident:| (a) | a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and | | (b) | goods or passengers baggage may be removed from a vehicle under the supervision of a police officer; and | | (c) | this subsection shall not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand. |
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| (5) In this section, the expression “animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog. |
| (6) If any person fails to comply with this section he shall be guilty of an offence under this Ordinance. [32] |
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35.—(1) The Deputy Commissioner of Police may by notice in writing require the person alleged to have been driving or in charge of any vehicle at the time of the occurrence of any accident in which such vehicle was concerned or the commission of any offence connected with the driving of such vehicle to attend before him at such time and place as may be stated in the notice for the purpose of inquiry into such accident.(2) Such person shall attend and shall answer truly all questions relating to such occurrence or offence put to him by such officer:| Provided that such person may decline to answer any question the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: |
| And provided further that no such answer shall in any case be used in evidence in any proceedings civil or criminal except proceedings against such person on a charge of an offence under subsection (4) of this section. |
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| (3) Such person shall if so required by the Deputy Commissioner of Police produce his driving licence. |
| (4) Any person who without reasonable cause fails to comply with the requirements of this section shall be guilty of an offence under this Ordinance. |
| (5) This section shall apply to cars as defined in the Singapore Traction Ordinance (Cap. 111) and the expression “driving licence” shall for the purposes of this section include a driving licence issued under that Ordinance. [33] |
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| Power of Minister to authorize on specified roads carriage of greater weights |
| 36. The Minister may, subject to such conditions as he thinks fit, grant a permit in respect of any trailer specified in the permit drawn by a heavy locomotive or a light locomotive on any road or bridge to carry weights specified in the permit notwithstanding that when conveying such weights the trailer does not comply with any rules as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part thereof by trailers and where such a permit is given it shall not, so long as the conditions if any attached to the permit are complied with, be an offence in the case of any such trailer to carry on that road or bridge weights authorized by the permit by reason only that the trailer when conveying them does not comply with such rules as aforesaid. [34] |
| Power to order production of vehicle and licence |
37.—(1) The Deputy Commissioner of Police or the Registrar may by notice in writing require the owner of any licensed vehicle to produce at some convenient place and time for his inspection such vehicle or the licence relating thereto or both and such owner shall, as soon as practicable after the service upon him of such notice, produce such vehicle or licence or both as the case may be.| (2) Such notice may be served upon the owner personally or may be sent to him by registered post to the address contained in the register of vehicles kept under this Ordinance or any rules made thereunder. |
| (3) If any owner required under this section to produce any vehicle or licence fails so to do, he shall be guilty of an offence under this Ordinance unless he proves that owing to a mechanical break-down or other sufficient reason (the proof whereof shall lie on the owner), the vehicle or licence cannot be produced as required. [35] |
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| Power to inspect premises |
38.—(1) Any police officer may, for the purpose of examining any vehicle in respect of which he has reason to believe that an offence under this Ordinance has been committed, enter at any time any place in which he suspects that such vehicle is kept.| (2) Any police officer in conducting an investigation into any seizable offence in connection with which a vehicle is suspected to be concerned may enter any place to search for and examine such vehicle. |
| (3) If any person obstructs any officer in the exercise of his powers and duty under this section, such person shall be guilty of an offence under this Ordinance. [36] |
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| Power to examine vehicles |
| 39. Any police officer in uniform may at any time examine any vehicle or trailer which is being used and the licence thereof to see if such vehicle complies with the provisions of this Ordinance or of any rules made thereunder and if any person obstructs any such officer in the exercise of his powers and duty under this section, such person shall be guilty of an offence under this Ordinance. [37] |
40.—(1) Subject to the provisions of this Ordinance and of any rules made thereunder, it shall be lawful for any police officer authorized in writing in that behalf by the Deputy Commissioner of Police to require the person in charge of any motor vehicle to allow the motor vehicle or any trailer drawn thereby to be weighed either laden or unladen and the weight transmitted to the road by any part of the motor vehicle or trailer laden or unladen in contact with the road to be tested and for that purpose forthwith to proceed to a weighbridge or other machine for weighing vehicles, and if any person in charge of a motor vehicle refuses or neglects to comply with any such requirement, he shall be guilty of an offence under this Ordinance.| (2) Subject to the provisions of this Ordinance and of any rules made thereunder, it shall be lawful for any police officer so authorized to require the person in charge of the motor vehicle to unload the motor vehicle or trailer for the purpose of being weighed unladen. |
| (3) Where a motor vehicle or trailer is weighed under this section, a certificate of weight shall be given to the person in charge of the motor vehicle by the officer who has required the vehicle to be weighed. [38] |
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41.—(1) When any person is found or is reasonably believed to be using a vehicle in contravention of any provision of this Ordinance or of any rule, order or prohibition made thereunder or in contravention of the terms of the licence for such vehicle, any police officer may, whenever it shall appear that such vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of such offence, take or cause to be taken, or require the person in charge of a vehicle to take the vehicle and any trailer attached thereto to a place of safety there to be kept until released by order of a Magistrate or of the Deputy Commissioner of Police, and if such person refuses or neglects to comply with any such requirement he shall be guilty of an offence under this Ordinance.| (2) Any unauthorized person removing or causing to be removed such vehicle or trailer from the place of safety pending the order of a Magistrate or of the Deputy Commissioner of Police shall be guilty of an offence under this Ordinance. |
| (3) If the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Ordinance or rules made thereunder, the expenses incurred by the Deputy Commissioner of Police in carrying out the provisions of this section shall be recoverable by or on behalf of the Deputy Commissioner of Police and, in case of dispute or neglect to pay, be summarily ascertained by a Magistrate’s Court and may be recovered in the same manner as if they were fines imposed by such Court. |
| (4) When any vehicle or trailer is detained under the provisions of this section, the Deputy Commissioner of Police shall with all reasonable despatch give notice in writing to the owner (if the name and address of such owner is known to him) of the seizure and if such vehicle or trailer is not claimed by its owner within three months of the date of its detention, the Deputy Commissioner of Police thereafter and after giving one month’s notice in the Gazette of his intention so to do may sell by public auction or otherwise dispose of such vehicle or trailer. The proceeds, if any, from the sale or disposal of any such vehicle or trailer shall be applied in payment of any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and thereafter shall be applied in payment of any damage caused to property of the Government by the unlawful use of such vehicle or trailer and the surplus, if any, shall be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within twelve months after the date of such sale or disposal shall be forfeited to the Government. [39] |
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| Taking of motor vehicle without owner’s consent |
42.—(1) Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand dollars:| Provided that if the accused satisfies the court that he acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor, the accused shall not be convicted of this offence. |
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| (2) If on the trial of any person for the theft of a motor vehicle, the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section the court may convict the accused under this section. |
| (3) Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section. [40] |
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| Restriction on persons taking hold of motor vehicle in motion |
43.—(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his being drawn or carried, he shall be guilty of an offence under this Ordinance.| (2) If while a motor vehicle is on a road or on a parking place where the public may park motor vehicles, any person otherwise than with lawful authority or with reasonable cause gets on to or moves or tampers with the vehicle, he shall be guilty of an offence under this Ordinance. |
| (3) If any person loiters in or near a road or parking place where the public may park motor vehicles for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver, the person so loitering or importuning shall be guilty of an offence under this Ordinance. |
| (4) Any police officer may arrest without warrant any person found doing any act referred to in this section. [41] |
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| Recognition of licences issued outside Singapore |
44.—(1) A licence or a general licence authorizing the use of a motor vehicle issued under the provisions of any law relating to motor vehicles in force in the Federation of Malaya shall be deemed to be a licence or a general licence, as the case may be, issued under the provisions of Part I of this Ordinance.| (2) Subject to the provisions of section 22 of this Ordinance, any person, other than a person residing in Singapore, who holds a driver’s certificate or licence issued under any law relating to motor vehicles in the Federation of Malaya which certificate or licence would if such person were in the place where it was issued still be in force may drive a motor vehicle of the class or description which the certificate or licence authorizes him to drive notwithstanding that he has not been granted a driving licence under this Part of this Ordinance. [42] |
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| International certificates |
45. When any convention for facilitating the international circulation of motor vehicles or for relieving them from taxation has been applied to Singapore, the Minister, for the purpose of giving effect to any such convention, may make rules —| (a) | for the grant and authentication of any travelling passes, certificates, driving licences or other authorities which may be of use to persons resident in Singapore, when temporarily taking their motor vehicles abroad or to drivers when proceeding abroad for the purpose of driving motor vehicles; | | (b) | for modifying the provisions of this Ordinance relating to the registration and licensing of motor vehicles and the licensing of motor vehicle drivers in the case of motor vehicles brought temporarily into Singapore, by persons resident abroad and intending to make only a temporary stay in Singapore, and of drivers entering Singapore, for the purpose of driving any such vehicles; | | (c) | for providing for the total or partial exemption for a limited period from any fees payable under this Ordinance in respect of motor vehicles or from any special registration or other fee imposed in respect of any specified class or description of motor vehicle brought into Singapore by persons making only a temporary stay therein; and | | (d) | generally for giving effect to any such convention. [43] |
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46. The Minister may make rules for any purpose for which rules may be made under this Part of this Ordinance and for prescribing anything which may be prescribed under this Part of this Ordinance and generally as to the use of vehicles and trailers, their construction and equipment and the conditions under which they may be used, and otherwise for the purpose of carrying this Part of this Ordinance into effect and in particular but without prejudice to the generality of the foregoing provisions may make rules —| (a) | to regulate the width, height, wheelbase, length and overhang of vehicles and trailers and the load carried thereby, the diameter of wheels and the width, nature and condition of tyres of vehicles and trailers and to prohibit the use of any tyres likely to cause damage to the roads; | | (b) | to control in connection with the use of a motor vehicle the consumption of smoke and the emission of visible vapour, sparks, ashes and grit; | | (c) | to prohibit excessive noise due to the design or condition of the motor vehicle or trailer or the loading thereof; | | (d) | to regulate the maximum weight unladen of heavy locomotives and heavy motor cars and the maximum weight laden of motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such a vehicle or trailer in contact with the road and the conditions under which the weights may be required to be tested; | | (e) | to prescribe the particulars to be marked on vehicles and trailers; | | (f) | to regulate the towing or drawing of vehicles by motor vehicles and the manner of attachments; | | (g) | to specify the number and nature of springs and brakes on vehicles and trailers and to secure that springs, brakes, silencers and steering gear shall be efficient and kept in proper working order and for empowering any persons or classes of persons named or described in such rules to test and inspect any such springs, brakes, silencers and steering gear on a road or, subject to the consent of the occupier of the premises, on any premises; | | (h) | to regulate the appliances to be fitted for signalling the approach of a vehicle or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear or for intimating any intended change of speed or direction of a motor vehicle and to regulate or to prohibit the use of any such appliance and to secure that they shall be efficient and kept in proper working order; | | (i) | to prohibit in connection with the use of a motor vehicle the use of any appliance or the commission of any act which is likely to cause annoyance or danger; | | (j) | to regulate the lights to be carried by vehicles and trailers whether in respect of the nature of such lights, the positions in which they shall be fixed and the periods during which they shall be lighted or otherwise; | | (k) | to regulate the number of trailers that may be attached in train to any motor vehicle, the manner of attachment and the manner in which the same shall be kept under control and the maximum weight thereof; | | (l) | to prescribe the number of persons to be employed in driving or attending motor vehicles or trailers and to regulate the duties and conduct of such persons; | | (m) | to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemption in special cases; | | (n) | to regulate the registration and licensing of vehicles, to prescribe the forms of application for and the contents of vehicle licences, to prescribe the fees to be charged therefor and the manner of payment thereof and to provide special facilities for the licensing of motor vehicles brought into Singapore from places outside the Federation of Malaya; | | (o) | to provide for the issue of registration books in respect of the registration of any vehicle and for the surrender, transfer and production and the inspection by the prescribed persons of any book so issued; and for the issue of new registration books and new vehicle licences in the place of any such books or licences which may be lost or destroyed and for the fee to be paid on the issue of a new registration book or vehicle licence; | | (p) | to prescribe the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be displayed and rendered easily distinguishable whether by night or by day; | | (q) | to require any person to whom any vehicle is sold or disposed of to furnish the prescribed particulars in the prescribed manner; | | (r) | to prescribe the form of, and the particulars to be included in, the register with respect to motor vehicles for which a general licence has been taken out by a manufacturer or dealer and the identification marks to be carried by any such motor vehicle and to define the purposes for which the holder of a general licence may use a motor vehicle under such general licence; | | (s) | to extend any provisions as to registration and provisions incidental to any such provisions to any vehicles in respect of which fees under this Ordinance are not payable (including vehicles belonging to Her Majesty’s Government in the United Kingdom) and to provide for the identification of any such vehicles; | | (t) | to require the Registrar to make the prescribed returns with respect to vehicles registered with him and to make any particulars contained in the register available for use by the prescribed persons on payment of the fee prescribed (if any); | | (u) | to regulate the granting of driving licences, to prescribe the form of application for and the contents of driving licences, to prescribe the fees to be charged therefor and the manner of payment thereof; | | (v) | with respect to the nature of tests of competence to drive, to evidence of the result thereof and generally with respect thereto; | | (w) | to require a person submitting himself for a test to provide a motor vehicle for the purpose thereof and to prescribe the fee to be charged for a test; | | (x) | to ensure that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a prescribed period except under an order made by a court under the power conferred by subsection (3) of section 14 of this Ordinance; | | (y) | to prescribe the record to be kept in respect of driving licences and to provide special facilities for granting driving licences to persons not resident in Singapore or the Federation of Malaya and to dispense in the case of any such persons with the requirements of subsection (1) of section 14 and of section 15 of this Ordinance; | | (z) | to make any particulars with respect to any persons who are disqualified for holding or obtaining driving licences or whose licences are suspended or endorsed available for use by the Registrar and to prevent a person holding more than one driving licence and to facilitate the identification of holders of driving licences and to provide for the issue of a new licence in the place of a driving licence lost or defaced on payment of such fee as may be prescribed and in connection with driving licences generally; and | | (aa) | to regulate or prohibit either generally or in specified areas or roads and either at all times or between specified hours the use of horns or other warning appliances, |
| and different rules may be made in respect of different classes or descriptions of vehicles or in respect of the same class or description of vehicles in different circumstances. [44] |
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| Savings, exemptions and application to vehicles belonging to the Crown |
47.—(1) Nothing in this Part of this Ordinance shall authorize any person to use any vehicle or trailer so constructed or used as to cause a public or private nuisance or be deemed to affect the liability by virtue of any Ordinance or otherwise of the driver or owner so using such a vehicle.| (2) The Minister may in special cases and for a particular occasion exempt any vehicle or type of vehicle from the operation of all or any of the provisions of this Part of this Ordinance or from the fees payable thereunder or may reduce such fees. |
| (3) No fee shall be payable for licences issued under this Part of this Ordinance in respect of vehicles belonging to Her Majesty’s Government in the United Kingdom or to the Government or kept or used by the Yang di-Pertuan Negara and his personal staff or kept or used by the Ruler of a Malay State, motor fire engines, ambulances or road rollers or in respect of a vehicle which is used exclusively on roads which are not repairable at the public expense. |
(4) This Part of this Ordinance shall subject as otherwise provided apply to vehicles, trailers and persons in the service of the Crown and for the purpose of proceedings for an offence in connection with any such vehicle or trailer against any person other than the driver of the vehicle the person nominated in that behalf by the department in whose service the vehicle or trailer is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver only was responsible:| Provided that in the case of motor vehicles owned by Her Majesty’s Government in the United Kingdom or by the Government and used for naval, military or air force purposes or in the case of motor vehicles so used while being driven by persons for the time being subject to the orders of any member of the armed forces in the Federation of Malaya or in Singapore the Minister may by rules, subject to such conditions as may be specified in the rules, vary in relation to any such vehicles as aforesaid while being driven as aforesaid the provisions of this Ordinance or of any rule, order or notification imposing a speed limit on motor vehicles and the provisions of this Part of this Ordinance which respectively — |
| (a) | impose restrictions on persons under twenty-one years of age with respect to the driving of heavy locomotives, light locomotives, motor tractors or heavy motor cars; | | (b) | regulate the number of trailers which may be drawn by motor vehicles. [45] |
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