Road Traffic (Motor Vehicles, Registration and Licensing) (Amendment No. 3) Rules 2018

Status:

Published in Subsidiary Legislation Supplement
on 23 Nov 2018

No. S 764

Road Traffic Act

(CHAPTER 276)

Road Traffic (Motor Vehicles,
Registration and Licensing)
(Amendment No. 3) Rules 2018

In exercise of the powers conferred by section 34 of the Road Traffic Act, the Minister for Transport makes the following Rules:

Citation and commencement

1. These Rules are the Road Traffic (Motor Vehicles, Registration and Licensing) (Amendment No. 3) Rules 2018 and come into operation on 26 November 2018.

Amendment of rule 8

2. Rule 8 of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5) is amended —

(a)

by deleting paragraphs (2) and (3) and substituting the following paragraphs:

“(2) An application under paragraph (1) may be made by or on behalf of the person eligible to be granted a rebate under paragraph (4).

(3) A rebate on —

(a)	the fees payable under rules 6 and 7; and
(b)	the quota premium payable under the Road Traffic (Motor Vehicles, Quota System) Rules (R 31) for a certificate of entitlement,

in respect of a new vehicle or secondhand vehicle (as the case may be) at the time of its registration may be granted under paragraph (4) by the Registrar on his own initiative to the person eligible to be so granted.”;

(b)

by deleting the words “if he is satisfied that the applicant satisfies or undertakes to comply with all the following conditions” in paragraph (4) and substituting the words “to a person in respect of whom the Registrar is satisfied that all the following conditions are met”;

(c)

by deleting the word “applicant” in paragraph (4)(a) and substituting the word “person”;

(d)

by deleting sub‑paragraph (c) of paragraph (4) and substituting the following sub‑paragraphs:

“(b)

no tax or fee payable under the Act in respect of the person’s old vehicle is outstanding;

(c)

the old vehicle of which the person is or was the registered owner was, or is to be, de‑registered any time on or after 31 December 1975, and one of the following applies:

(i)	it has a chassis number and an engine number which is the same as the chassis number and engine number of the vehicle as recorded in the register of vehicles and has been, or is to be, destroyed, exported or otherwise removed permanently from all roads in Singapore;
(ii)	it has a chassis number or an engine number which is different from the chassis number or engine number of the vehicle as recorded in the register of vehicles, but not because the person wilfully or negligently caused the difference with the intention of dishonestly obtaining the rebate, or the person is wilfully furthering such an intention;
(iii)	it has been lost through theft or criminal breach of trust and the circumstances described in paragraph (15) apply in relation to the old vehicle;
(iv)	it has been seized under any written law and the circumstances described in paragraph (15A) apply in relation to the old vehicle;”;

(e)

by deleting sub‑paragraph (g) of paragraph (4) and substituting the following sub‑paragraph:

“(g)	the new vehicle or secondhand vehicle (as the case may be) to be registered will be registered in the name of the person within 12 months after the date the old vehicle is de‑registered or within such further period as the Registrar may allow in any particular case.”;

(f)

by deleting the words “the applicant” in paragraph (5) and substituting the words “the person granted the rebate”;

(g)

by deleting paragraphs (9), (10) and (11) and substituting the following paragraphs:

“(9) Subject to paragraphs (10) and (11), where the amount of the rebate granted under paragraph (4) exceeds the amount of fees payable under rules 6 and 7 and the quota premium payable under the Road Traffic (Motor Vehicles, Quota System) Rules for a certificate of entitlement in respect of the vehicle to be registered, the excess amount of the rebate is forfeited.

(10) A person who holds the benefit of any rebate granted under paragraph (4) may apply to the Registrar for the whole amount of the rebate to be divided into such smaller portions as the person may require and —

(a)	to use each such portion for the registration of a separate vehicle; or
(b)	to transfer any such portion to another person under paragraph (6).

(11) A person who holds the benefit of any rebate granted under paragraph (4) in respect of 2 or more old vehicles may apply to the Registrar for the benefits of such rebates to be used collectively for the registration of one or more vehicles.”; and

(h)

by deleting paragraphs (15), (15A) and (15B) and substituting the following paragraphs:

“(15) The following are the applicable circumstances relating to an old vehicle for the purpose of paragraph (4)(c)(iii):

(a)

the old vehicle was reported to the police to be lost —

(i)	on or after 1 April 1994, through theft and more than 3 months have passed after the date of that report; or
(ii)	on or after 1 January 2005, through criminal breach of trust and more than one year has passed after the date of that report;

(b)

at the time it was reported to the police as lost through theft, the old vehicle was insured under a policy of insurance effected on or after 1 April 1994;

(c)

at the time it was reported lost to the police, the old vehicle —

(i)	if not a taxi, was not more than 10 years old; or
(ii)	if a taxi, was not more than 8 years old;

(d)

the registered owner of the old vehicle abandons all rights to the old vehicle and gives the Registrar an undertaking in writing that, in the event the old vehicle is recovered after it is de‑registered and a rebate has been granted under paragraph (4) in respect of it, the registered owner agrees —

(i)	to return to the Government a sum equal to the amount of the rebate granted (even if the benefit of the rebate granted has been transferred to another); or
(ii)	to destroy, export or otherwise remove permanently from all roads in Singapore, that old vehicle within 6 months after its recovery.

(15A) The following are the applicable circumstances relating to an old vehicle, for the purposes of paragraph (4)(c)(iv):

(a)

the old vehicle was seized, on or after 1 January 2005, by any authority under any written law;

(b)

at the time it was seized, the old vehicle —

(i)	if not a taxi, was not more than 10 years old; or
(ii)	if a taxi, was not more than 8 years old;

(c)

the old vehicle is or is to be destroyed or exported, or taken permanently off the roads, in a manner approved by the Registrar after it is released from the seizure or is forfeited by or under written law.”.

Amendment of rule 8A

3. Rule 8A of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Without limiting rule 8, a person to whom a rebate is granted on or after 1 September 2008 under that rule may, within the grace period, apply to the Registrar to be paid, in lieu of the rebate, a sum of cash equal to the amount of the rebate set out in any notice issued under rule 8(5) or (12) that the person holds.”;

(b)

by deleting the words “, subject to paragraph (3),” in paragraph (2)(a); and

(c)

by deleting paragraph (3) and substituting the following paragraph:

“(3) The Registrar must refuse an application under paragraph (1) by a holder of the benefit of a rebate granted under rule 8(4) in respect of a motor vehicle if the Registrar is not satisfied —

(a)

that the motor vehicle (with a chassis number and an engine number which is the same as the chassis number and engine number of the vehicle as recorded in the register of vehicles) has been destroyed, exported or otherwise removed permanently from all roads in Singapore; or

(b)

that, where the motor vehicle has a chassis number or an engine number which is different from the chassis number or engine number of the vehicle as recorded in the register of vehicles —

(i)	the holder of the benefit of the rebate did not, wilfully or negligently, cause the difference with the intention of dishonestly obtaining the rebate or is not wilfully furthering such an intention; and
(ii)	the motor vehicle has been destroyed, exported or otherwise removed permanently from all roads in Singapore.”.

Saving provision

4.—(1) Despite rule 2, rule 8 of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules as in force immediately before 26 November 2018 continues to apply to or in relation to any application for a rebate made before that date under rule 8(1) or (2) of those Rules.

(2) Despite rule 3, rule 8A of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules as in force immediately before 26 November 2018 continues to apply to or in relation to any application for a sum of cash made before that date under rule 8A(1) of those Rules.

[G.N. Nos. S 678/2014; S 810/2014; S 359/2015; S 366/2015; S 650/2015; S 272/2016; S 46/2017; S 60/2017; S 327/2017; S 335/2017; S 550/2017; S 696/2017; S 777/2017; S 330/2018; S 424/2018]

Made on 20 November 2018.

LOH NGAI SENG

Permanent Secretary,
Ministry of Transport,
Singapore.

[LTA/L18.029/002.KT/DT; AG/LEGIS/SL/276/2015/6 Vol. 5]

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

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