Road Traffic (Motor Vehicles, Quota System) (Amendment No. 2) Rules 2004

Status:

Published in Subsidiary Legislation Supplement
on 31 Dec 2004

No. S 808

Road Traffic Act

(Chapter 276)

Road Traffic (Motor Vehicles, Quota System) (Amendment No. 2) Rules 2004

In exercise of the powers conferred by section 10A(4) of the Road Traffic Act, the Minister for Transport hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Road Traffic (Motor Vehicles, Quota System) (Amendment No. 2) Rules 2004 and shall come into operation on 1st January 2005.

Amendment of rule 20

2. Rule 20 of the Road Traffic (Motor Vehicles, Quota System) Rules (R 31) (referred to in these Rules as the principal Rules) is amended —

(a)	by deleting the words “and rule 21(1)” in paragraph (5) and substituting the words “and rules 21 (1), 21A (1) and 21B (1)”;
(b)	by deleting the words “until the date” in the 11th line of paragraph (6) and substituting the words “and ending on the date”; and
(c)	by deleting the words “and any fraction of a month shall be disregarded in determining the length of each period of non-user” in the 13th, penultimate and last lines of paragraph (13).

Amendment of rule 21

3. Rule 21 of the principal Rules is amended —

(a)

by deleting paragraphs (1) and (2) and substituting the following paragraphs:

“(1) Where —

(a)	a motor vehicle has been insured under a policy of insurance effected on or after 1st April 1994;
(b)	the motor vehicle has been reported to the police, on or after that date, to be lost through theft; and
(c)	a period of more than 3 months has lapsed since the date of such report,

the holder of the certificate of entitlement for the motor vehicle may apply for the residual value of the certificate of entitlement to be used as provided for in rule 20 (3).

(2) For the purpose of paragraph (1), the residual value of the certificate of entitlement shall be determined in accordance with rule 20 (6) except that the period referred to in “C” in the formula shall be read as a reference to the period reckoned in months commencing from the date on which the certificate of entitlement was issued and ending on the date on which the loss of the motor vehicle was reported to the police.”; and

(b)

by inserting, immediately after the words “rule 24 (2)” in paragraph (5)(b), the words “or 24A (1)”.

New rules 21A, 21B and 21C

4. The principal Rules are amended by inserting, immediately after rule 21, the following rules:

“Residual value of certificate of entitlement of vehicle lost through criminal breach of trust

21A.—(1) Where —

(a)	a motor vehicle has been reported to the police, on or after 1st January 2005, to be lost through criminal breach of trust; and
(b)	a period of more than 3 years has lapsed since the date of such report,

the holder of the certificate of entitlement for the motor vehicle may apply for the residual value of the certificate of entitlement to be used as provided for in rule 20(3).

(2) For the purpose of paragraph (1), the residual value of the certificate of entitlement shall be determined in accordance with rule 20(6) except that the period referred to in “C” in the formula shall be read as a reference to the period reckoned in months commencing from the date on which the certificate of entitlement was issued and ending on the date on which the loss of the motor vehicle was reported to the police.

(3) Subject to paragraph (4), the Registrar may, in his discretion, approve or reject an application made under paragraph (1).

(4) The Registrar shall not approve an application made under paragraph (1) unless the applicant gives an undertaking to the Government —

(a)	to pay to the Government a sum equal to the amount of the residual value of the certificate of entitlement calculated according to paragraph (2) if the motor vehicle is recovered and the applicant desires to continue to keep or use the motor vehicle upon its recovery; and
(b)	to abandon the motor vehicle free of all expenses or to scrap or export the motor vehicle within 6 months of its recovery if the applicant does not wish to continue to keep or use the motor vehicle upon its recovery.

(5) Where payment has been made to the Government under paragraph (4)(a), the certificate of entitlement shall be restored and shall continue to be valid until the time when, in the normal course of events, it would have expired —

(a)	upon the motor vehicle reaching the appropriate age prescribed under rule 16(1); or
(b)	in the case of a certificate of entitlement which has been renewed under rule 24(2) or 24A(1), upon the expiry of the period for which the certificate of entitlement has been renewed.

Residual value of certificate of entitlement of motor vehicle which has been seized under written law

21B.—(1) Where —

(a)

a motor vehicle has been seized, on or after 1st January 2005, by any authority under any written law; and

(b)

the motor vehicle has been —

(i)	scrapped or exported upon its release by the authority within such time as the Registrar may, in any particular case, permit; or
(ii)	forfeited to the Government or the authority pursuant to an order of court and the Registrar is satisfied that it will be scrapped or exported after such forfeiture,

the holder of the certificate of entitlement for the motor vehicle may apply for the residual value of the certificate of entitlement to be used as provided for in rule 20(3).

(3) The Registrar may, in his discretion, approve or reject an application made under paragraph (1).

Non-refund of residual value of permit in respect of exempted vehicles

21C. Where a motor vehicle has been re-registered as a vehicle which is exempted from section 10A(1) of the Act by virtue of the Road Traffic (Quota System — Exemption) Order (O 5), the residual value of the certificate of entitlement relating to that vehicle in respect of —

(a)	the period between the date of re-registration of the vehicle and the date on which the certificate of entitlement would have otherwise expired; and
(b)	any period for which the vehicle has been declared non-user under rule 53 of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5),

shall not be refunded to the holder of the certificate of entitlement or be available to him for the purpose set out in rule 20(3).”.

[G.N. Nos. S 311/2000; S 431/2000; S 602/2000; S 8/2001; S 206/2001; S 290/2001; S 337/2001; S 361/2001; S 482/2001; S 48/2002; S 169/2002; S383/2002; S 12/2003; S 426/2003; S 525/2003; S 464/2004]

Made this 29th day of December 2004.

PETER ONG

Permanent Secretary,
Ministry of Transport,
Singapore.

[LTA/EK/L017.007.000; MOT.LT.271.6.09.0.9; AG/LEG/SL/276/2002/6 Vol. 5]

(To be presented to Parliament under section 141(1) of the Road Traffic Act).

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