Parking Places (Amendment) Bill

Bill No. 28/1993

Read the first time on 30th August 1993.

An Act to amend the Parking Places Act (Chapter 214 of the 1992 Revised Edition).

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

Short title and commencement

1. This Act may be cited as the Parking Places (Amendment) Act 1993 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 Parking Places Act (referred to in this Act as the principal Act) is amended —

(a)

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

“ “heavy vehicle” means —

(a)	any heavy goods vehicle or concrete mixer, the maximum laden weight of which exceeds 5,000 kilograms;
(b)	any bus with a seating capacity of more than 15 persons, not inclusive of the driver;
(c)	any trailer, container trailer, low loader or flat-bed trailer, the maximum laden weight of which exceeds 5,000 kilograms; and
(d)	any mobile crane or recovery vehicle the unladen weight of which exceeds 2,500 kilograms;”;

(b)

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

“ “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;”;

(c)

by deleting the definition of “private parking place” and substituting the following definition:

“ “private parking place” means any land or premises or part thereof owned or occupied by any person other than the Government and used for the parking or housing of —

(a)	5 or more motor vehicles other than heavy vehicles; or
(b)	one or more heavy vehicles, whether or not in addition to any motor vehicle which is not a heavy vehicle,

but does not include any parking place provided under section 3;”;

(d)

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

“ “trailer” means a vehicle drawn by a motor vehicle.”; and

(e)

by deleting the definition of “vehicle”.

Amendment of section 8

3. Section 8 of the principal Act is amended —

(a)

by inserting, immediately after the words “parking places” wherever they appear in subsection (1)(a), the words “and private parking places”;

(b)

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

(c)

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

“(c)	for the control and regulation of the parking of heavy vehicles by the issue of vehicle parking certificates or such other documents as the Superintendent may determine and for the matters connected therewith.”; and

(d)

by inserting, immediately after the word “licence” in subsection (2)(a), the following words:

“and the issue, renewal or replacement of any vehicle parking certificate or other document in connection with the regulation and control of the parking of heavy vehicles”.

Repeal and re-enactment of section 15

4. Section 15 of the principal Act is repealed and the following section substituted therefor:

“Removal and detention, etc., of abandoned or illegally parked vehicles

15.—(1) Where a vehicle —

(a)	has been permitted to remain at rest in a parking place in such a position or in such condition or circumstances as to appear to the Superintendent to have been abandoned without lawful authority; or
(b)	is parked in a parking place in contravention of any provision of this Act or any rules made thereunder,

the Superintendent may, in his discretion and by himself or any person authorised by him in that behalf —

(i)	remove the vehicle to a place of safety or any other place and detain it thereat; or
(ii)	prevent the removal of the vehicle from the parking place without his consent by fixing an immobilisation device to the vehicle.

(2) Where the Superintendent has removed any vehicle to a place of safety or any other place pursuant to subsection (1)(i) or fixed an immobilisation device to the vehicle pursuant to subsection (1)(ii), the Superintendent shall, with all reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which he may secure the release of the vehicle, and such notice shall be served on the owner of the vehicle —

(a)	in the case where the Superintendent has removed the vehicle to a place of safety or any other place, in accordance with section 17; or
(b)	in the case where the Superintendent has fixed an immobilisation device to the vehicle, by affixing the notice onto the windscreen or any other conspicuous part of the vehicle.

(3) No vehicle which has been removed and detained by the Superintendent or to which an immobilisation device has been fixed in accordance with this section shall be released to the owner of the vehicle except —

(a)	by or under the direction of the Superintendent or an officer authorised by him; and
(b)	upon the owner of the vehicle having paid all expenses incurred by the Superintendent or the authorised officer in that behalf, and such other charges as may be imposed under this Act or any rules made thereunder,

and the vehicle shall remain at the risk of the owner of the vehicle until all such expenses and charges have been paid.

(4) Any person who, without the authority of the Superintendent, removes or tampers with any notice affixed to a vehicle under subsection (2)(b) shall be guilty of an offence.

(5) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove —

(a)	any vehicle from any place at which it is being detained under this section; or
(b)	an immobilisation device fixed to a vehicle in accordance with this section,

shall be guilty of an offence.

(6) Where any vehicle which has been removed and detained by the Superintendent or to which an immobilisation device has been fixed in accordance with this section is not claimed by its owner within one month of the date of its detention or immobilisation, the Superintendent may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of it in any manner as he thinks fit.

(7) Where a vehicle has been sold or otherwise disposed of under subsection (6), the proceeds of the sale or disposal of the vehicle shall be applied in payment of any expenses incurred in carrying out the provisions of this section and thereafter shall be applied in payment of all charges and fines payable under this Act and any rules made thereunder and the surplus, if any, shall be paid to the owner of the vehicle, or if not claimed by the owner of the vehicle within 12 months of the date of the sale or disposal, shall be forfeited to the Director-General.

(8) The Director-General or the Superintendent shall not be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Director-General or the Superintendent or any of his employees or agents in the exercise of their powers under this section.

(9) In this section, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of a type approved by the Superintendent for use for that purpose in accordance with this section.”.

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