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Bus Services Licensing Authority Bill

Bill No. 60/1970

Read the first time on 30th December 1970.

An act to repeal and re-enact with amendments the Omnibus Services Licensing Authority Ordinance, 1956 (No. 13 of 1956) and to repeal the Singapore Traction Ordinance (Chapter 111).

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 Bus Services Licensing Authority Act, 1970, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“the Authority” means the Bus Services Licensing Authority established under section 3 of this Act;

“bus” means a public service vehicle used for the conveyance of passengers on scheduled services and in which the passengers are charged separate and distinct fares;

“licensee” means a person to whom a bus service licence has been granted under this Act.

Establishment of Bus Services Licensing Authority

3.—(1) There shall be an Authority to be called the Bus Services Licensing Authority which shall consist of such persons, not exceeding six in number, as may be appointed by the Minister.

(2) Every person appointed under subsection (1) of this section shall hold office for the period specified in his appointment.

(3) The Minister shall appoint one of the persons appointed under subsection (1) of this section to be the Chairman of the Authority.

(4) If any vacancy occurs by death, resignation or otherwise the Minister may appoint a person to fill such vacancy and any person so appointed shall hold office for so long as the person in whose place he is appointed would have held office.

(5) The Minister shall appoint a person to be Secretary of the Authority.

(6) Subject to the provisions of this Act and any regulations made thereunder the Authority may regulate its own procedure.

(7) The Minister may at any time remove any person appointed under this section without assigning any reason therefor.

Directions by Minister

4. The Minister may from time to time give to the Authority such general directions not inconsistent with the provisions of this Act as he may think fit and the Authority shall comply with all such directions.

Bus service licences

5.—(1) Subject to the provisions of this Act the Authority may, in its discretion, grant to any person applying therefor a licence (in this Act referred to as a “bus service licence”) to provide a bus service upon the route or routes therein specified, and irrespectively of whether or not any such route or any part thereof is specified in any other bus service licence.

(2) A bus service licence shall be for a period not exceeding three years and the fee to be paid therefor by the person to whom any such licence is granted shall be in accordance with a scale of fees to be prescribed by the Minister.

(3) All fees received by the Authority under the provisions of subsection (2) of this section shall be paid into the Consolidated Fund.

(4) From and after the grant of a bus service licence under the provisions of this section no bus, other than the buses of a licensee, shall ply for hire along any route specified in such licence.

Matters to be considered by Authority

6. In exercising its discretion to grant or refuse a bus service licence in respect of any route or routes and its discretion to attach conditions to any such licence, the Authority shall generally have regard to —

(a)	the financial standing of the applicant and his ability to maintain an adequate, satisfactory and efficient service;
(b)	the suitability of the route or routes on which a service is to be provided under the licence;
(c)	the extent, if any, to which the needs of the proposed route or routes are already adequately and satisfactorily served by existing transport facilities;
(d)	the extent to which the proposed service is necessary or desirable in the public interest; and
(e)	the needs of the area as a whole in relation to traffic (including the provision of adequate, safe, suitable and efficient services, the elimination of unnecessary or unsatisfactory services and the provision of unremunerative services) and the co-ordination of all forms of passenger transport.

Notice to grant licence

7.—(1) Before granting a bus service licence under this Act the Authority shall give notice in the Gazette and in not less than two newspapers, one of which shall be in the vernacular language, inviting applications to run a bus service, and may require such costs as are incidental to the licence to be paid by the licensee.

(2) Every such notice shall specify the route or routes in respect of which the licence is to be granted and shall state that the licence may be granted after the expiry of one month from the date of publication of the notice.

(3) Any representation made following upon any notice given in accordance with this section by persons who are already providing transport facilities along or near to such route or routes or any part thereof shall be taken into consideration by the Authority.

(4) Nothing in this section shall apply to renewals of licences previously granted or to the granting of a temporary bus service licence for a period not exceeding one month.

Conditions of licence

8. In granting a bus service licence, the Authority may impose such conditions as it thinks fit, and may, in particular, impose conditions relating to —

(a)	the timetable of the bus service and the number of buses to be provided;
(b)	the carrying and availability for inspection in vehicles used on the bus service of copies of the timetable and fare-table;
(c)	the taking up and setting down of passengers at specified points;
(d)	the prevention of racing, cutting in and dangerous competition with other vehicles on the route;
(e)	the deposit of security or bank guarantee to the satisfaction of the Authority for the due performance by the licensee of all or any obligations imposed upon him by the bus service licence or by this Act or other written law.

Power to require audited accounts to be furnished

9. The Authority may require the licensee to furnish to the Authority a copy of the audited accounts of the licensee in such manner and form as may be determined by the Authority.

Penalty

10. If any person uses a bus or causes or permits a bus to be used in contravention of the provisions of this Act he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or, in the case of a continuing offence, a sum not exceeding two hundred and fifty dollars for every day during which the offence is committed.

Suspension and cancellation of licence

11. If any licensee —

(a)	fails to comply with or fails to secure the compliance of his drivers, servants, agents or contractors with any of the conditions of his bus service licence or with the provisions of this Act or any written law relating to public service vehicles; or
(b)	in the opinion of the Authority, fails to provide and maintain an adequate and satisfactory bus service upon the route or routes specified in his bus service licence or any part thereof,

the Authority may, by notice in writing and without any compensation, suspend or cancel the bus service licence and forfeit the whole or any part of any security deposited with the Authority by the licensee or by his bank pursuant to a bank guarantee.

Regulations

12. The Minister may make such regulations as he considers necessary or expedient for carrying out the provisions of this Act and in particular but without prejudice to the foregoing generality for —

(a)	prescribing the manner and form in which applications for bus service licences shall be made and the form of such licences;
(b)	prescribing a scale of fees for bus service licences;
(c)	regulating the procedure of the Authority.

Repeal

13.—(1) The Omnibus Services Licensing Authority Ordinance, 1956 (Ord. 13 of 1956), is hereby repealed.

(2) The Singapore Traction Ordinance (Cap. 111) is hereby repealed.

Transitional provisions

14.—(1) Any licence granted under the Omnibus Services Licensing Authority Ordinance, 1956, shall be deemed to be a bus service licence granted under this Act, and shall, unless suspended or cancelled by the Authority, be valid until the the date of expiry specified in such licence.

(2) Any security deposited with or bank guarantee furnished to the Omnibus Services Licensing Authority prior to the date of the coming into operation of this Act shall be deemed to have been deposited with or furnished to the Authority under this Act.