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Parking Places Act

(Chapter 214, Section 8)

Parking Places (Licensing and Control of Private Parking Places for Heavy Vehicles) Rules

R 1

REVISED EDITION 2009

(31st March 2009)

[27th June 1975]

Citation

1. These Rules may be cited as the Parking Places (Licensing and Control of Private Parking Places for Heavy Vehicles) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“competent authority” means the competent authority appointed under section 5 of the Planning Act (Cap. 232);

“parking lot” means the space marked out in a parking place for the parking of one motor vehicle or trailer;

“person” includes any company or statutory board or association or body of persons corporate or unincorporated;

“private parking place” has the same meaning as in section 2 of the Act in so far as it relates to the parking or housing of one or more heavy vehicles.

Exception

3. These Rules do not apply to private parking places used in connection with private dwelling houses.

Licensing of private parking places

4.—(1) No person shall maintain or operate any private parking place unless he is in possession of a valid licence granted under these Rules.

(2) Application for a licence to maintain or operate a private parking place shall be made to the Superintendent in such form and manner as the Superintendent may specify and shall be supported by such information as the Superintendent may require, including —

(a)	a plan approved by the competent authority; or
(b)	such plan as the Superintendent may require,

showing the location, dimension and capacity of such parking place together with details as to the level thereof, the entrances thereto and exits therefrom.

(3) The minimum dimensions of every parking lot, circulation aisle and access ramp shall be in accordance with the standards as set out in the Parking Places (Provision of Parking Places and Parking Spaces) Rules (R 5).

(4) The Superintendent may require the applicant to furnish information relating to the operation and management of the relevant private parking place and such other matters as the Superintendent may think fit.

Grant of licence

5.—(1) The Superintendent may grant a licence subject to such conditions as he thinks fit to impose or refuse to grant a licence without assigning any reason.

(2) The conditions which the Superintendent may impose under paragraph (1) include conditions relating to the erection of vehicle barriers in a private parking place for the purpose of ensuring that the private parking place is safe for use as such.

Duration of licence

5A.—(1) Subject to paragraph (3) and rule 7, the duration of a licence granted under these Rules shall be such period as the Superintendent may determine.

(2) A licence granted under these Rules shall cease to be valid if —

(a)	the licensee, not being the owner of the private parking place in respect of which he has been granted the licence, does not or ceases to have the consent of the owner to maintain or operate the private parking place;
(b)	the licensee, whether by himself or any of his employees or agents, does not or ceases to maintain or operate such private parking place; or
(c)	the private parking place maintained or operated by the licensee is closed or not in operation for the parking of vehicles for a period exceeding 30 days.

(3) Upon the occurrence of any of the events stated in paragraph (2), the licensee shall immediately notify the Superintendent thereof and the Superintendent may, if he thinks fit, refund to the licensee the licence fee which he has paid for the remaining complete months of the period of the licence.

Renewal of licence

5B.—(1) Every licence granted under these Rules may be renewed upon its expiry.

(1A) The Superintendent may renew a licence subject to such conditions as he thinks fit to impose.

(1B) The conditions which the Superintendent may impose under paragraph (1A) include conditions relating to the erection of vehicle barriers in a private parking place for the purpose of ensuring that the private parking place is safe for use as such.

(2) Every application for the renewal of a licence shall be made to the Superintendent in the form required by him.

Fees

6. The fee payable for the grant or renewal of a licence shall be as set out in the First Schedule.

Revocation or refusal to renew licence

7.—(1) Subject to paragraph (2), the Superintendent may, in his discretion, revoke or refuse to renew a licence if the licensee —

(a)	has contravened any of the provisions of these Rules;
(b)	has contravened the provisions of any other written law relating to the construction, operation or maintenance of his private parking place;
(c)	has been convicted of an offence under these Rules; or
(d)	has contravened any condition imposed by the Superintendent under rule 5(1) or 5B(1A).

(2) Before revoking any licence, the Superintendent shall give the licensee notice in writing of his intention to do so, specifying a date not less than 28 days after the date of the notice, upon which such revocation is to take effect and calling upon the licensee to show cause to the Superintendent why such licence should not be revoked.

(3) Where the Superintendent has revoked a licence under paragraph (1), he shall immediately inform the licensee by notice in writing of the revocation.

(4) The person whose licence has been revoked under this rule may, within 28 days of the receipt of the notice referred to in paragraph (3), or such extended period as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.

(5) Where the Superintendent has refused to renew a licence, he shall give the licensee notice in writing of his reasons therefor and the licensee may, within 28 days of the receipt of the notice, or such extended period as the Minister may allow, appeal in writing against the refusal to renew the licence to the Minister whose decision shall be final.

Licence not to be transferred without Superintendent’s consent

8. A licence or the benefit thereof shall not be transferred to any other person except with the consent in writing of the Superintendent.

Approval of charges

9. [Deleted by S 201/2005]

Licensee to comply with conditions

10. Every licensee shall comply with the conditions set out in the Second Schedule.

Powers of Superintendent

11. The Superintendent may —

(a)

prescribe the number of parking lots that may be used for —

(i)	hourly parking;
(ii)	season parking;
(iii)	per entry or whole day parking; and
(iv)	reserved free parking;

(b)

regulate the operational hours of a private parking place;

(c)

require the licensee to provide parking space for the parking of motor cycles, motor scooters and bicycles;

(d)

require the licensee to furnish information on such matters relating to a private parking place as the Superintendent may think fit; and

(e)

require the licensee to install direction signs for the guidance and direction of motorists entering or exiting a parking place.

Inspection

12.—(1) The Superintendent or any officer authorised by him may at any time enter any land or premises for the purpose of ascertaining whether —

(a)	such land or premises is or are being used as a private parking place without a valid licence granted in respect thereof; or
(b)	an offence under these Rules has been committed.

(2) Any person who hinders or obstructs the Superintendent or any officer authorised by him in the performance of his duty shall be guilty of an offence under these Rules and shall be liable on conviction to a fine not exceeding $1000.

Penalties

13. [Deleted by S 521/93]

Composition of offences

14. The Superintendent may accept from any person who is reasonably suspected of having committed an offence under these Rules a sum of money not exceeding $400 by way of composition for the offence which may have been committed as charged.

Exemption

15. The Superintendent may, with the approval of the Minister, exempt any person or class or category of persons from all or any of the provisions of these Rules or waive any or all of the conditions of these Rules or substitute for any or all of these conditions as he may consider fit.