Parking Places (Amendment) Bill

Bill No. 35/1990

Read the first time on 20th December 1990.

An Act to amend the Parking Places Act (Chapter 214 of the 1985 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 1990 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 deleting the definition of “Authority” and substituting the following definition:

“ “Director-General” means the Director-General of Public Works;”;

(b)

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

“ “officer” means a public officer or an employee of a statutory body;”;

(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 of 5 or more motor vehicles, and includes any land or premises or part thereof used for the parking of 5 or more motor vehicles which is not authorised under section 3;”; and

(d)

by deleting the words “section 6” in the definition of “Superintendent” and substituting the words “section 2A”.

New section 2A

3. The principal Act is amended by inserting, immediately after section 2, the following section:

“Administration of the Act

2A.—(1) The Director-General shall be charged with the general administration of this Act and shall exercise the powers conferred and perform the duties imposed upon him by this Act.

(2) The Director-General shall appoint a public officer as the Superintendent of Car Parks who shall carry out such duties as may be assigned to him by the Director-General under this Act and any rules made thereunder.

(3) The Director-General may appoint public officers and officers employed by a statutory body as Deputy Superintendents and Assistant Superintendents of Car Parks for the purposes of this Act.”.

Repeal of section 6

4. Section 6 of the principal Act is repealed.

Amendment of section 7

5. Section 7 of the principal Act is amended —

(a)	by deleting the word “Authority” in the fourth line and substituting the word “Director-General”;
(b)	by inserting at the end thereof the words “or to any liability in respect of any injury or death suffered by any person in such parking place or otherwise”; and
(c)	by deleting the word “Authority” in the marginal note and substituting the word “Director-General”.

Amendment of section 12

6. Section 12 of the principal Act is amended by deleting “$200” and substituting “$400”.

Amendment of section 13

7. Section 13(2) of the principal Act is amended by deleting “$1,000” and substituting “$2,000”.

Repeal and re-enactment of section 15

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

“Power to seize abandoned vehicles

15.—(1) Where a vehicle —

(a)	has broken down or been permitted to remain at rest in a parking place in such a position or in such condition or in such 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 remove and detain the vehicle found in the parking place and the owner thereof shall pay all expenses incurred by the Superintendent in that behalf and all fines and charges imposed under this Act and any rules made thereunder in respect of such offence and the vehicle shall remain at the risk of the owner and the person offending until all the fines, charges and expenses have been paid.

(2) When any vehicle is detained under this section, the Superintendent shall with all reasonable despatch give notice in writing to the owner (if the name and address of the owner are known to him) of the detention and if the vehicle is not claimed by its owner within one month of the date of its detention, the Superintendent after giving one month’s notice in the Gazette of his intention to do so may sell by public auction or otherwise dispose of the vehicle. 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.

(3) 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 under subsections (1) and (2).”.

Amendment of section 16

9. Section 16 of the principal Act is amended by deleting “$1,000” in the fifth line and “$250” in the seventh line and substituting “$2,000” and “$500”, respectively.

New section 16A

10. The principal Act is amended by inserting, immediately after section 16, the following section:

“Offences by corporations

16A. Where an offence under this Act has been committed by a body corporate and is found to have been committed with the consent or connivance of or to be attributable to any act or default on the part of any director, manager, secretary or other officer of the body corporate that director, manager, secretary or other officer as well as the body corporate shall be guilty of an offence.”.

Amendment of section 17

11. Section 17 of the principal Act is amended by inserting, immediately after subsection (2), the following subsections:

“(3) All notices, orders, receipts and other documents which the Superintendent is empowered to give by this Act or any rules made thereunder may be given by any officer duly authorised by the Superintendent.

(4) Where any such notice, order or document requires authentication, the signature or a facsimile thereof of the Superintendent or any officer duly authorised by the Superintendent affixed thereto shall be sufficient authentication.”.

New section 17A

12. The principal Act is amended by inserting, immediately after section 17, the following section:

“Obstruction of Director-General, Superintendent, etc.

17A. Any person who obstructs or hinders the Director-General, the Superintendent or any person acting in the discharge of his duty under this Act or any rules made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or both.”.

Repeal and re-enactment of section 18

13. Section 18 of the principal Act is repealed and the following section substituted therefor:

“Payment of charges

18. Subject to any agreement made between the Minister and any statutory body or to any direction by the Minister, all charges collected in any parking place maintained or operated by any statutory body under the provisions of this Act and all fines imposed for an offence under this Act or any rules made thereunder shall be paid to that body.”.

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