Road Traffic (Amendment) Bill

Bill No. 5/1990

Read the first time on 26th February 1990.
An Act to amend the Road Traffic Act (Chapter 276 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 Road Traffic (Amendment) Act 1990 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 9
2.  Section 9 of the Road Traffic Act (referred to in this Act as the principal Act) is amended by deleting the word “President” wherever it appears in subsections (1), (2) and (4) and substituting in each case the word “Minister”.
Amendment of section 10
3.  Section 10 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:
“(1)  Except as otherwise provided by this Act or the rules, no person shall keep or use a vehicle unless it has been registered under this Act and its registration under this Act has not been cancelled.”.
New section 10A
4.  The principal Act is amended by inserting, immediately after section 10, the following section:
“Vehicles not to be registered without permits issued by Registrar
10A.—(1)  No vehicle shall be registered or continue to be registered under this Act unless there is in force a permit issued by the Registrar authorising the registration of the vehicle.
(2)  Except as otherwise provided by this Act or the rules, a permit shall be issued upon the payment of a levy.
(3)  The Minister may from time to time, by notification in the Gazette, prescribe a limit on the number of permits to be issued by the Registrar under subsection (1) and the Minister may prescribe different limits for vehicles belonging to any category, class or description.
(4)  The Minister may make rules for carrying out or giving effect to this section and, without prejudice to the generality of this provision, the rules may —
(a)provide for the issue of permits under this section to successful applicants who submitted bids for the permits;
(b)require fees and deposits to be paid for the submission of applications for the issue of permits under this section, and provide for the forfeiture of deposits for non-compliance with any conditions governing the submission of such applications;
(c)prescribe the levy, or the method or manner for determining the amount of the levy, payable for a permit issued under this section;
(d)prescribe the period for which a permit issued under this section is in force and different periods may be prescribed for vehicles belonging to different categories, classes or descriptions;
(e)prescribe the conditions upon which permits are issued under this section;
(f)provide for the cancellation of a permit issued under this section and the refund of all or part of the levy paid for the issue of the permit in such circumstances as may be permitted by the rules;
(g)impose a levy on the transfer of a permit at any time prior to the registration of a vehicle authorised by the permit;
(h)provide for the issue of permits, whether with or without the payment of a levy, for vehicles which were registered under this Act prior to the commencement of the Road Traffic (Amendment) Act 1990;
(i)exempt any particular vehicle or class of vehicles from the payment of the levy for a permit issued under this section; and
(j)provide for all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this section.”.
Amendment of section 11
5.  Section 11 of the principal Act is amended by inserting, immediately after subsection (6), the following subsections:
“(7)  Any person who gives any incorrect information in relation to any matter affecting the amount of tax chargeable under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months, and the court shall order him to pay to the Registrar the amount of tax which has been undercharged.
(8)  The Registrar may, in his discretion, compound any offence punishable under subsection (7) by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding $1,000 and the amount of the tax undercharged, and may before judgment stay or compound any proceedings thereunder.”.
Amendment of section 12
6.  Section 12 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  Where any vehicle not registered under this Act is kept or used on any road in Singapore by a person who is —
(a)a citizen of Singapore;
(b)a resident of Singapore; or
(c)the holder of a work permit or an employment pass issued under the Immigration Act [Cap. 133],
the tax chargeable under section 11(1)(a) shall be paid in respect of the vehicle by the person keeping or using it in Singapore as if that vehicle is first registered and used in Singapore.”; and
(b)by inserting, immediately after subsection (2), the following subsection:
“(3)  For the purposes of this section, a person is deemed to be a resident of Singapore if he —
(a)has been granted the status of a permanent resident of Singapore by the competent authority, even though he may not have a place of residence in Singapore; or
(b)resides in Singapore for a continuous period of 6 months and any temporary period or periods of absence during that period is immaterial.”.
Amendment of section 19
7.  Section 19(3) of the principal Act is amended by inserting, immediately after the word “application” at the end of paragraph (a), the words “and all fees and taxes due and payable in respect of the vehicle and any penalty recoverable from the registered owner of the vehicle under this Act or the rules have been paid”.
Repeal and re-enactment of section 27
8.  Section 27 of the principal Act is repealed and the following section substituted therefor:
“Cancellation of registration
27.—(1)  The Registrar may cancel the registration of a motor vehicle —
(a)if a permit issued under section 10A authorising the registration of the vehicle under this Act has expired or is cancelled;
(b)if no licence has been taken out for the vehicle for a period exceeding 3 years by the registered owner who has notified the Registrar that he will not use the vehicle during that period;
(c)if the tax chargeable under section 11(1)(b) has not been paid by the registered owner of the vehicle for a period of 12 months or any longer period;
(d)if he is satisfied that the vehicle has been destroyed or become wholly unfit for further use or has been permanently removed from Singapore; or
(e)if the vehicle exceeds the age-limit prescribed for the class or description of vehicles to which the vehicle belongs.
(2)  Where the registration of a motor vehicle is cancelled pursuant to subsection (1), the registered owner of the vehicle or any person who is in possession of the registration book or card issued in respect of the vehicle shall surrender that book or card to the Registrar within 14 days of the cancellation.”.
Amendment of section 28
9.  Section 28 of the principal Act is amended by deleting the word “fee” at the end of subsection (1) and substituting the word “levy”.
Amendment of section 34
10.  Section 34 of the principal Act is amended —
(a)by deleting the word “and” at the end of paragraph (n); and
(b)by deleting the full-stop at the end of paragraph (o) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:
“(p)to prohibit the registration under this Act of used vehicles beyond a prescribed age-limit; and
(q)to prescribe a levy for the re-registration of a used vehicle in the name of the purchaser of the vehicle.”.
Amendment of section 35
11.  Section 35 of the principal Act is amended by deleting subsection (7) and substituting the following subsections:
“(7)  Subject to the provisions of this Act, a driving licence not being a provisional licence shall, unless previously revoked or surrendered, remain in force for a period of either one year or 3 years from the date of its grant or renewal as the applicant may elect at the time of the application for the grant or renewal of a licence and on payment of the fee prescribed for the period.
(7A)  The Deputy Commissioner of Police may refuse to renew any driving licence, or renew it for a period of one year only notwithstanding that the applicant has elected to renew it for 3 years, if he is satisfied that the holder thereof has not complied with any warrant or process of court issued against him in respect of any offence or offences committed by him under this Act or the rules.
(7B)  Where a driving licence has lapsed for a period of 3 years or more, the Deputy Commissioner of Police shall not renew the licence or grant a new licence to the person who held such a licence unless he passes the prescribed test of competence to drive or the Deputy Commissioner of Police is satisfied that at some time within 3 years before the date of the application the applicant has held a driver’s certificate or licence granted by the competent authority in any country authorising him to drive a motor vehicle of the class or description which he would be authorised to drive by the licence applied for.”.
New sections 35A, 35B and 35C
12.  The principal Act is amended by inserting, immediately after section 35, the following sections:
“Power of Deputy Commissioner of Police to revoke driving licence
35A.—(1)  Where a driving licence is granted to a person who has just passed the prescribed test of competence to drive or to a person who meets the requirements of section 36(2), the Deputy Commissioner of Police may revoke such a licence if within a period of 12 months from the date of the grant of the licence, that person’s record (as kept by the Deputy Commissioner of Police) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
(2)  For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or the rules.
(3)  The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
(4)  The power conferred upon the Deputy Commissioner of Police by this section to revoke the driving licence of a person may be exercised at such time as the Deputy Commissioner of Police thinks fit after the maximum number of points, referred to in subsection (3), has been awarded against such person.
(5)  Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may revoke the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.
(6)  Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.
(7)  Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act or the rules, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.
(8)  For the purposes of this section, a person shall be deemed to have committed an offence under this Act or the rules if he pays the prescribed penalty for that offence under section 132.
Licensee may show cause why driving licence should not be revoked
35B.—(1)  The Deputy Commissioner of Police shall, before revoking a driving licence of a person under section 35A, give the person concerned notice in writing of his intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which such revocation shall be made and calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be revoked.
(2)  Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to revoke the driving licence of such person pursuant to section 35A, the Deputy Commissioner of Police shall forthwith inform the person by notice in writing of the revocation.
(3)  A person may, within 14 days of the receipt of the notice referred to in subsection (2), or within such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.
(4)  An order of revocation under section 35A shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.
(5)  If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
Surrender of driving licence
35C.—(1)  The Deputy Commissioner of Police shall, upon revoking a licence under section 35A, require the licence to be surrendered to and retained by him.
(2)  Any person whose driving licence has been revoked under section 35A shall forthwith surrender the driving licence to the Deputy Commissioner of Police.
(3)  Any person whose driving licence has been revoked under section 35A shall not drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
(4)  Any person who drives a motor vehicle on a road when his driving licence is revoked under section 35A shall be guilty of an offence.”.
Amendment of section 43
13.  Section 43 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  Where a person who is disqualified by virtue of a conviction or order under this Act is the holder of a driving licence, the licence shall —
(a)be suspended as long as the disqualification continues in force if he is disqualified from holding or obtaining a driving licence for a period of less than one year; and
(b)be of no effect if he is disqualified from holding or obtaining a driving licence for a period of one year or longer and he shall not drive a motor vehicle after the period of disqualification unless he passes the prescribed test of competence to drive.”; and
(b)by inserting, immediately after the words “section 45” in subsection (2) the words “, 47B or 47C”.
Amendment of section 45
14.  Section 45(1) of the principal Act is amended by deleting the words “6 months” in the third line and substituting the words “3 years”.
New sections 47A to 47D
15.  The principal Act is amended by inserting, immediately after section 47, the following sections:
“Effect of suspension of licence by Deputy Commissioner of Police
47A.  A driving licence suspended by the Deputy Commissioner of Police under section 45(1) for a period of one year or any other longer period shall be of no effect and the holder of the licence shall not drive a motor vehicle after the period of suspension unless he passes the prescribed test of competence to drive.
Disqualification or suspension to continue in certain circumstances
47B.  If any person who is disqualified from holding or obtaining a driving licence, or whose driving licence is suspended under the provisions of this Act, drives while he is so disqualified or his licence is under suspension and causes death or serious injury to any other person and is charged for an offence under this Act, the disqualification or suspension shall continue until that offence has been tried and determined by a court.
Immediate suspension of driving licence in certain circumstances
47C.—(1)  Where a person drives a motor vehicle on a road or other public place —
(a)whilst under the influence of drink or of a drug in contravention of section 67(1); or
(b)without a policy of insurance in respect of third-party risks in contravention of section 3(1) of the Motor Vehicles (Third-Party Risks and Compensation) Act [Cap. 189],
and whilst so driving causes death or serious injury to any other person, the Deputy Commissioner of Police may, where the first-mentioned person is charged for that offence, suspend his driving licence from the date he is charged for the offence, and the suspension shall remain in force until the offence is tried and determined by a court.
(2)  The Deputy Commissioner of Police shall, before suspending a driving licence of a person under subsection (1), give to the person concerned a notice in writing informing the person that his driving licence is immediately suspended until the charge has been tried and determined by a court and requiring the person forthwith to surrender his driving licence.
(3)  A person who without reasonable cause or excuse refuses or fails to surrender his driving licence to the Deputy Commissioner of Police under subsection (2) shall be guilty of an offence.
(4)  Any person whose driving licence has been suspended under this section shall not during the period of suspension drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.
(5)  Any person who drives a motor vehicle on a road when his driving licence is suspended under this section shall be guilty of an offence.
(6)  A person to whom a notice is given under subsection (1) may appeal against the notice to the Minister whose decision shall be final.
Definition of “serious injury”
47D.  For the purposes of sections 47B and 47C, “serious injury” means any injury which causes a person to be during a period of 7 days in severe bodily pain or unable to follow his ordinary pursuits.”.
Amendment of section 48
16.  Section 48 of the principal Act is amended —
(a)by deleting the word “and” at the end of paragraph (g); and
(b)by deleting the full-stop at the end of paragraph (h) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
“(i)to prescribe the circumstances in which a person may be required to be certified by a medical practitioner as fit to drive a vehicle or to pass any practical driving test before granting or renewing a driving licence.”.
New section 62A
17.  The principal Act is amended by inserting, immediately after section 62, the following section:
“Restriction on driving certain categories of heavy motor vehicles
62A.—(1)  Subject to subsection (2), a person who has attained the age of 70 years shall not drive a vehicle belonging to the following categories or classes of motor vehicles:
(a)heavy locomotives;
(b)light locomotives;
(c)motor tractors; and
(d)heavy motor cars.
(2)  Notwithstanding subsection (1), a person who has a valid driving licence in force at the date of the commencement of the Road Traffic (Amendment) Act 1990 authorising him to drive any of the category or class of vehicles referred to in subsection (1) may continue to drive a vehicle belonging to the said category or class of vehicles for a period of 3 years from that date if his licence has not expired or is renewed during that period.
(3)  Notwithstanding subsection (1), the Deputy Commissioner of Police may renew the driving licence of any person who has attained the age of 70 years for a period not exceeding 3 years from the date of the commencement of the Road Traffic (Amendment) Act 1990.”.
Repeal and re-enactment of sections 67 and 68
18.  Sections 67 and 68 of the principal Act are repealed and the following sections substituted therefor:
“Driving while under the influence of drink or drugs
67.—(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 of a drug to such an extent as to be incapable of having proper control of such vehicle shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
(2)  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 from holding or obtaining a driving licence for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment, from the date of his release from prison.
(3)  Any police officer may arrest without warrant any person committing an offence under this section.
Being in charge of a motor vehicle when under the influence of drink or drugs
68.—(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 guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months:
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.
(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 from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
(3)  Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, 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.”.
Amendment of section 71
19.  Section 71(3) of the principal Act is amended by inserting, immediately after the word “offence”, the words “and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months”.
Amendment of section 74
20.  Section 74(2) of the principal Act is amended by inserting, immediately after the word “shall” the word “import,”.
Amendment of section 95
21.  Section 95(4) of the principal Act is amended by deleting the words “3 months” in the sixth line and substituting the words “one month”.
Amendment of section 100
22.  Section 100 of the principal Act is amended —
(a)by deleting the words “private cars (school transport)” in paragraph (g) of subsection (1) and substituting the words “school bus”; and
(b)by inserting, immediately after subsection (2), the following subsection:
“(3)  Notwithstanding the classifications in subsection (1), the Minister may permit any class of public service vehicles to be used for any prescribed purpose.”.
Amendment of section 108
23.  Section 108 of the principal Act is amended —
(a)by deleting the word “or” at the end of paragraph (b); and
(b)by deleting the full-stop at the end of paragraph (c) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:
“(d)the licensee has contravened or failed to comply with any of the provisions of this Act or the rules.”.
Amendment of section 129
24.  Section 129(1) of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph:
“(a)in relation to an application made under this Act or the rules for the registration of a vehicle, the grant of any permit or licence to himself or any other person, or for the purpose of preventing the grant or variation of any licence or of procuring the imposition of any condition or limitation in relation to a licence, makes any statement or declaration which is false or in any material respect misleading;”.
Amendment of section 131
25.  Section 131(2) of the principal Act is amended by inserting, immediately after the word “Act” in the first line, the words “or the rules”.
Amendment of section 133
26.  Section 133(7) of the principal Act is amended by deleting the word “inspector” and substituting the word “sergeant”.
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