Road Traffic (Removal and Immobilisation of Vehicles) (Amendment) Rules 1998

No. S 122

Road Traffic Act

(Chapter 276)

Road Traffic (Removal and Immobilisation of Vehicles) (Amendment) Rules 1998

In exercise of the powers conferred by section 123 of the Road Traffic Act, the Minister for Home Affairs hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Road Traffic (Removal and Immobilisation of Vehicles) (Amendment) Rules 1998 and shall come into operation on 20th March 1998.

Amendment of rule 2

2. Rule 2 of the Road Traffic (Removal and Immobilisation of Vehicles) Rules 1997 (G.N. No. S 109/97) (referred to in these Rules as the principal Rules) is amended by inserting, immediately before the definition of “immobilisation device”, the following definition:

“ “authorised officer” means any officer or employee of the Authority who is authorised by the Deputy Commissioner to remove any vehicle under the circumstances specified in these Rules;”.

Amendment of rule 3

3. Rule 3 of the principal Rules is amended —

(a)

by inserting, immediately after the words “police officer” in the ninth line, the words “or an authorised officer”;

(b)

by renumbering the rule as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) Any person who fails or refuses to remove a vehicle or to cause the vehicle to be removed when required to do so by a police officer or an authorised officer under paragraph (1) shall be guilty of an offence.”; and

(c)

by inserting, immediately after the words “Police officer” in the rule heading, the words “or authorised officer”;

Deletion and substitution of rule 4

4. Rule 4 of the principal Rules is deleted and the following rule substituted therefor:

“Powers of police officer or authorised officer to remove vehicle in certain circumstances

4.—(1) Where it appears to a police officer or an authorised officer, or where a police officer or an authorised officer is satisfied on information received by him, that a vehicle —

(a)	has broken down and is standing on a road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such other persons;
(b)	has been parked or permitted to stand on a road in contravention of any relevant provision; or
(c)	has been abandoned on a road,

the police officer or authorised officer may, subject to paragraph (2), take all reasonable steps to remove the vehicle or arrange for the vehicle to be removed by another person under the direction of the police officer or authorised officer, and where necessary may provide for the detention and safe custody of the vehicle.

(2) The powers conferred on a police officer or an authorised officer by paragraph (1) shall not be exercised in the case of any vehicle by reason only of its being a vehicle which is causing obstruction unless the police officer or authorised officer is of the opinion that, having regard to all the circumstances and the extent of the obstruction which the vehicle is causing, the vehicle ought not to remain where it is.”.

Deletion and substitution of rule 5

5. Rule 5 of the principal Rules is deleted and the following rule substituted therefor:

“Authorised officer not in uniform to produce authority card

5.—(1) Every authorised officer when exercising his powers under these Rules shall, if not in uniform, declare his office and shall, on demand, produce to any person affected by the exercise of his powers such authority card as the Deputy Commissioner of Police may issue to him.

(2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any authorised officer acting or purporting to act under these Rules if the authorised officer is not in uniform and refuses to produce his authority card, on demand being made by the person.”.

Amendment of rule 7

6. Rule 7 of the principal Rules is amended —

(a)

by deleting the words “or 5” in the first line; and

(b)

by renumbering the rule as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) The removal charges set out in paragraph (1) of the Second Schedule shall be paid by the owner of a vehicle that was removed pursuant to rule 4(1)(a) notwithstanding the fact that the vehicle was not detained.”.

Amendment of First Schedule

7. The First Schedule to the principal Rules is amended by inserting, immediately after item 3, the following item:

“4.	The Road Traffic (Expressway Traffic) Rules (R 23):

(a)	Rule 6 (Stopping a vehicle or allowing it to remain at rest on a carriageway other than as permitted by that rule).

(b)	Rule 8 (Stopping a vehicle or allowing it to remain at rest on a shoulder or verge of an expressway other than as permitted by that rule).

(c)	Rule 9 (Stopping a vehicle or allowing it to remain at rest on a central divider).

(d)	Rule 13 (Stopping a vehicle or allowing it to remain at rest in a road tunnel other than as permitted by that rule).

(e)	Rule 14 (Stopping any of the vehicles specified in that rule or allowing such a vehicle to remain at rest in a road tunnel).”.

Amendment of Second Schedule

8. The Second Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Rules 7 and 11(2)

removal and storage charges

First column

Second column

Third column

Type of vehicle

Removal charges

Storage charges

1.	Where vehicle is removed pursuant to rule 4(1)(a):

(1)	Motor cycles

$35

$20

(2)	Motor cars

$55

$40

(3)	Motor vehicles, other than motor cycles or motor cars

$75

$80

2.	Where vehicle is removed pursuant to rule 4(1)(b) or (c) or 11(2):

(1)	Motor cycles

$60

$20

(2)	Motor cars

$160

$40

(3)	Motor vehicles, other than motor cycles or motor cars

$360

$80

”.

Made this 18th day of March 1998.

PETER CHAN JER HING

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/033; AG/LEG/SL/276/97/8 Vol. 1]

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

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