18. Sections 24C and 24D of the principal Act are repealed and the following sections substituted therefor:“Penalty fee for bus fare or train fare evasion |
24C.—(1) A public transport official who believes on reasonable grounds that an individual —(a) | who is travelling or attempting to travel or has travelled on a bus that is part of a bus service provided by a public bus operator; or | (b) | who is travelling or is attempting to travel (including entering a paid area within any railway premises) or has travelled on a train that is part of a train service provided by a licensed rapid transit system, |
is evading or has evaded payment of the fare lawfully required of the individual’s use of the bus or train, as the case may be, may, by notice, offer the individual concerned an opportunity to pay a penalty fee of the prescribed amount. |
(2) Every offer of an opportunity to pay a penalty fee is subject to directions given by the Council under section 24A(5). |
(3) An individual who is given an offer by a public transport official of an opportunity to pay a penalty fee under subsection (1) may, within the prescribed period and in accordance with the prescribed procedure, appeal to the Council to hear such appeal against the offer. |
(4) On receiving an appeal under subsection (3), the Council, or an officer designated by the Council to hear the appeal, may —(a) | confirm the offer by the public transport official, and vary the time within which the penalty fee must be paid; or | (b) | cancel the offer by the public transport official the making of which is, in the opinion of the Council or officer, not equitable, |
and every decision on appeal is final. |
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(5) An individual who is offered by a public transport official an opportunity to pay a penalty fee may accept the offer by paying the penalty fee, or by arranging for another person to pay the penalty fee —(a) | immediately to the public transport official; or | (b) | to another person directed by the public transport official and authorised by the Council to receive payments of penalty fees or to the Council itself, |
in the manner and within the time determined by the Council or under subsection (4)(a) if an appeal under subsection (3) is made. |
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(6) An offer of an opportunity to pay a penalty fee is withdrawn if the penalty fee is not paid within the time referred to in subsection (5). |
(7) On receiving payment of the penalty fee under subsection (5)(a), the public transport official must give the individual a receipt acknowledging that payment. |
(8) An individual who pays (by himself or by arrangement with another) a penalty fee in accordance with subsection (5) cannot be prosecuted for an offence under section 24CA or offered composition under section 26. |
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Bus fare or train fare evasion |
24CA.—(1) An individual who is evading or has evaded payment of the fare in relation to —(a) | a bus that is part of a bus service provided by a public bus operator; or | (b) | a train that is part of a train service provided by a licensed rapid transit system, |
shall be guilty of an offence and shall be liable on conviction — |
(i) | to a fine not exceeding $1,000; and | (ii) | where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
(2) A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, whether before, on or after the date of commencement of section 18 of the Public Transport Council (Amendment) Act 2015, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence. |
(3) In subsection (2), a qualifying offence means —(a) | an offence under subsection (1); or | (b) | an offence under section 24C(5) of this Act as in force before the date of commencement of section 18 of the Public Transport Council (Amendment) Act 2015. |
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(4) For the purposes of this section and section 24C, an individual evades payment of a fare in relation to a bus or train if the individual —(a) | when attempting to travel, for an intended journey on the bus or train (including entering a paid area within any railway premises), without reasonable excuse —(i) | does not pay the fare lawfully required; | (ii) | if using a smartcard ticket, does not tap in; | (iii) | attempts to travel on a concession fare without being entitled to the concession; or | (iv) | attempts to travel on an invalid ticket; |
| (b) | in relation to all or part of a journey travelled on the bus or train, without reasonable excuse —(i) | does not pay the fare lawfully required; | (ii) | if using a smartcard ticket, does not tap in or tap out; | (iii) | travels on a concession fare without being entitled to the concession; or | (iv) | travels on an invalid ticket; or |
| (c) | without reasonable excuse, does or omits to do any other act that is prescribed in relation to any journey or intended travel on a bus or train. |
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(5) For the purposes of this section and section 24C, an individual is presumed, until the contrary is proved, to evade payment of a fare in relation to a bus or train if the individual, when requested by a public transport official —(a) | fails to produce to the public transport official any ticket for the individual’s journey; | (b) | produces to the public transport official a concession ticket for the individual’s journey and then fails to produce evidence of the individual’s entitlement to the concession; | (c) | produces to the public transport official a smartcard ticket for the individual’s journey that, upon inspection by the official using a smartcard reader, is an invalid ticket, and then fails to produce a valid ticket for the journey; or | (d) | produces to the public transport official a ticket that is not a smartcard for the individual’s journey that, upon inspection by the official, is an invalid ticket, and then fails to produce a valid ticket for the journey. |
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Evidentiary provisions in proceedings for bus fare or train fare evasion |
24CB.—(1) If a fact relating to a smartcard ticket is relevant in proceedings relating to an offence under section 24CA, evidence of that fact as indicated or determined by —(a) | a prescribed device that was used in the prescribed manner (if any); or | (b) | a printed document that was produced by a prescribed process, |
is admissible in evidence in those proceedings. |
(2) For the purposes of this section, a fact relates to a smartcard ticket if it relates to —(a) | the smartcard ticket itself, including its type, identifying numbers and manner of acquisition; | (b) | the holder of the smartcard ticket; | (c) | the existence, or possible existence, of an entitlement to use a bus service or train service; or | (d) | the use of the smartcard ticket. |
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(3) A certificate purporting to be issued by a public transport official who used a smartcard reader to read, copy or transfer information from a smartcard ticket produced to the public transport official for inspection certifying as to the information read, copied or transferred from the smartcard ticket in relation to all or any of the following matters:(a) | the smartcard ticket number; | (b) | the smartcard ticket type; | (c) | the name of the smartcard ticket holder; | (d) | the use of the smartcard ticket; | (e) | the entitlement to use a bus service or train service, |
is admissible in evidence in any proceedings relating to an offence under section 24CA. |
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(4) Subject to subsection (10), if a certificate is issued under subsection (3) in respect of a smartcard ticket, it is presumed for the purposes of any proceedings relating to an offence under section 24CA that the smartcard ticket had accurately recorded and discharged the information recorded, copied or transferred from it by the smartcard reader. |
(5) Subject to subsection (10), if the prosecution, in proceedings relating to an offence under section 24CA serves on the accused, by the required time, a copy of a certificate referred to in subsection (3), the certificate is conclusive proof of —(a) | the facts and matters stated in that certificate; | (b) | the fact that the smartcard reader used was a prescribed device; | (c) | the fact that the smartcard reader was used in the prescribed manner (if any); and | (d) | the fact that the smartcard reader had operated correctly. |
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(6) Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 24CA serves on the accused, within the required time, a notice setting out the presumptions set out in subsection (4), the facts that are the subject of the presumptions are to be taken to have been conclusively proved. |
(7) A certificate purporting to be issued by a person authorised by the Chief Executive certifying that —(a) | at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or | (b) | at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process, |
is admissible in evidence in any proceedings relating to an offence under section 24CA. |
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(8) Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 24CA serves on the accused, within the required time, a copy of a certificate referred to in subsection (7), the certificate is conclusive proof —(a) | that the person giving the certificate was authorised to do so; | (b) | in the case of a certificate under subsection (7)(a), of —(i) | the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and | (ii) | the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and |
| (c) | in the case of a certificate under subsection (7)(b), of —(i) | the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and | (ii) | the facts indicated or determined by the printed documents. |
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(9) In this section, “required time” means no less than 56 days before the hearing for the relevant offence under section 24CA. |
(10) The accused in any proceedings relating to an offence under section 24CA may give notice in writing to the prosecution not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the prosecution, that —(a) | the accused requires the person giving a certificate referred to in subsection (3) or (7) to be called as a witness; | (b) | the accused intends to adduce evidence in rebuttal of any fact or matter contained in the certificate; or | (c) | the accused intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in subsection (4). |
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(11) To avoid doubt, nothing in this section prevents the prosecution adducing evidence to explain any fact or matter contained in a certificate referred to in this section. |
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Offence of not paying taxi fare |
24D.—(1) A passenger who hires a taxi in Singapore for a journey within or partly within Singapore must, at the end of that hiring, and upon demand by the driver of the taxi, pay for the journey the taxi fare chargeable in accordance with this Act.(2) A passenger who, without reasonable excuse, fails to or refuses to pay the taxi fare or any part of the taxi fare in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $1,000; and | (b) | where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
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(3) A person is a repeat offender in relation to an offence under subsection (2) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, whether before, on or after the date of commencement of section 18 of the Public Transport Council (Amendment) Act 2015, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence. |
(4) In subsection (3), a qualifying offence means —(a) | an offence under subsection (2); or | (b) | an offence under section 24D of this Act as in force before the date of commencement of section 18 of the Public Transport Council (Amendment) Act 2015.”. |
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