Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) (Amendment) Rules 2017

No. S 313

Road Traffic Act

(CHAPTER 276)

Road Traffic (Public Service Vehicles)
(Vocational Licences and Conduct of Drivers,
Conductors, Trishaw Riders and Passengers)
(Amendment) Rules 2017

In exercise of the powers conferred by section 111 of the Road Traffic Act, the Land Transport Authority of Singapore makes the following Rules:

Citation and commencement

1. These Rules are the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) (Amendment) Rules 2017 and come into operation on 20 June 2017.

Amendment of rule 2

2. Rule 2 of the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8) (called in these Rules the principal Rules) is amended —

(a)

by inserting, immediately before the definition of “assessment report”, the following definitions:

“ “affiliated driver”, for a private hire car booking service operator, means a chauffeured private hire car driver who has an affiliated driver agreement with the private hire car booking service operator; and it is immaterial whether the driver is an employee or agent of the private hire car booking service operator;

“affiliated driver agreement” means an agreement between a chauffeured private hire car driver and a private hire car booking service operator —

(a)	for the private hire car booking service operator to provide a booking service for the driver; and
(b)	for the driver to provide a ride‑sourcing service booked through the private hire car booking service operator, and using a stated chauffeured private hire car;”;

(b)

by deleting the definition of “authorised person” and substituting the following definition:

“ “authorised person” means —

(a)	the holder of a public service vehicle licence issued under section 102 of the Act;
(b)	an employee of the owner of a public service vehicle; or
(c)	a person acting as a driver or conductor of a public service vehicle while it is being used for the carriage of passengers for the purpose of gain;”;

(c)

by inserting, immediately after the definition of “certificate of fitness”, the following definitions:

“ “certified private hire car licensee” means a holder of a public service vehicle licence who is certified under rule 8 of the Road Traffic (Public Service Vehicles) Rules (R 14) as a certified private hire car licensee;

“chauffeured private hire car” means a motor car that is the subject of a chauffeured private hire car licence granted under the Road Traffic (Public Service Vehicles) Rules;

“chauffeured private hire car driver” means a person who is authorised by a licence to drive a chauffeured private hire car for reward (whether or not as an employee);”;

(d)

by deleting the definition of “licence” and substituting the following definition:

“ “licence” means a vocational licence granted under section 110 of the Act authorising the holder —

(a)	to drive one or more classes of vehicles (excluding trishaws);
(b)	to act as the conductor of one or more classes of vehicles (excluding trishaws); or
(c)	to ride a trishaw;”;

(e)

by inserting, immediately after the definition of “occupational therapist”, the following definitions:

“ “private hire car” has the same meaning as in the Road Traffic (Public Service Vehicles) Rules;

“private hire car booking service operator” means a person who, in the course of business, engages in the following conduct (including conduct outside Singapore, or partly inside or partly outside Singapore):

(a)	accepts, or makes provision for the invitation or acceptance of, bookings from people for a ride-sourcing service; and
(b)	communicates the bookings to chauffeured private hire car drivers to carry out that ride-sourcing service using a stated chauffeured private hire car,

but excludes —

(i)	a taxi service operator within the meaning of Part VA of the Act and is licensed as such under that Part; and
(ii)	a provider of a third-party taxi booking service within the meaning of the Third‑Party Taxi Booking Service Providers Act 2015 (Act 17 of 2015) and who is registered as such under that Act;”;

(f)

by inserting, immediately after the definition of “public stand”, the following definition:

“ “ride-sourcing service” means a service where —

(a)	a passenger books transport for a journey within, or partly within, Singapore through a private hire car booking service operator;
(b)	the private hire car booking service operator communicates the passenger’s booking to a chauffeured private hire car driver; and
(c)	that driver carries out the transport booked using a chauffeured private hire car,

but does not include a taxi service within the meaning of the Public Transport Council Act (Cap. 259B);”; and

(g)

by deleting the definition of “vocational licence”.

Deletion of rule 3

3. Rule 3 of the principal Rules is deleted.

Amendment of rule 4

4. Rule 4 of the principal Rules is amended —

(a)

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

“(1) A person who desires —

(a)	to drive one or more classes of vehicles (excluding trishaws);
(b)	to act as a conductor of one or more classes of vehicles (excluding trishaws); or
(c)	to ride a trishaw,

must apply to the Registrar in accordance with this rule for a licence authorising the person to do so.

(1A) An application under paragraph (1) for a licence to drive a taxi includes an application for a licence to drive a chauffeured private hire car.”;

(b)

by deleting sub-paragraph (c) of paragraph (2) and substituting the following sub‑paragraph:

“(c)

accompanied by —

(i)	a non-refundable fee of $40, regardless of the number of licences applied for; and
(ii)	a non-refundable additional fee of $25 if the applicant was, more than 6 months but less than 3 years before the application, the holder of a licence authorising the applicant to drive, or act as a conductor, of the same class of vehicle in the application; and”;

(c)

by deleting the word “or” at the end of paragraph (2)(d)(ia);

(d)

by deleting sub-paragraph (ii) of paragraph (2)(d) and substituting the following sub‑paragraphs:

“(ii)

in the case of an application to drive a chauffeured private hire car —

(A)	a certificate from a medical practitioner stating that the applicant is not suffering from tuberculosis;
(B)	a certificate of fitness relating to the applicant;
(C)	an assessment report relating to the applicant if the application is for any period after the applicant attains the age of 70 years; and
(D)	evidence of the applicant’s employment if the applicant is employed by a certified private hire car licensee or a private hire car booking service operator to drive chauffeured private hire cars; or

(iii)

in the case of any other application —

(A)	a certificate from a medical practitioner stating that the applicant is not suffering from tuberculosis; and
(B)	a certificate of fitness relating to the applicant.”; and

(e)

by deleting the words “6 months” in paragraph (3A)(b)(ii) and substituting the words “12 months”.

Amendment of rule 5

5. Rule 5 of the principal Rules is amended —

(a)

by deleting the words “to be licensed” in paragraph (1) and substituting the words “to be authorised to drive, or act as a conductor of, the class or classes of vehicles specified in the application”;

(b)

by deleting sub-paragraph (c) of paragraph (2) and substituting the following sub‑paragraph:

“(c)

in the case of an application for a licence to be a driver of any vehicle (other than a chauffeured private hire car or a taxi), evidence that the applicant holds a valid driving licence granted under Part II of the Act to drive the class of vehicle in respect of which an application is made under rule 4;”;

(c)

by deleting the full-stop at the end of sub-paragraph (d) of paragraph (2) and substituting the word “; and”, and by inserting immediately thereafter the following sub‑paragraph:

“(e)

in the case of an application for a licence to be a driver of a chauffeured private hire car —

(i)	evidence that the applicant has held, for more than 2 years, a valid driving licence granted under Part II of the Act to drive Class 3 vehicles; or
(ii)	evidence that the applicant has held, for more than 2 years, an equivalent foreign driving qualification recognised by the Registrar and has applied for a valid driving licence under Part II of the Act to drive Class 3 vehicles.”; and

(d)

by inserting, immediately after paragraph (2), the following paragraphs:

“(3) To calculate the period an applicant has held an equivalent foreign driving qualification for the purpose of paragraph (2)(e)(ii), the period starts on the later of the following dates:

(a)	the date on which that applicant actually obtained the equivalent foreign qualification;
(b)	the date on which that applicant attained the age of 18 years after obtaining that foreign qualification.

(4) To avoid doubt, for the application mentioned in rule 4(1A), an applicant is only required to furnish the evidence specified in paragraph (2)(d).”.

Amendment of rule 7

6. The principal Rules are amended by renumbering rule 7 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraphs:

“(2) The licence must specify the class or classes of vehicles that the licensee is authorised to drive or act as a conductor for.

(3) Where the Registrar approves a licensee’s application under rule 5 for another authorisation, the licensee must, unless otherwise allowed by the Registrar, return the licence to the Registrar for the licence to be endorsed with the additional class of vehicle that the licensee is authorised to drive or act as a conductor for.”.

Amendment of rule 7A

7. Rule 7A of the principal Rules is amended —

(a)

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

“(1) Subject to paragraphs (2) and (3) and any earlier suspension or revocation, a licence is valid for a period not exceeding 3 years starting from the date specified by the Registrar in a written notice to the licensee on the grant of the licence.”; and

(b)

by inserting, immediately after paragraph (2), the following paragraph:

“(3) Unless earlier suspended or revoked, a licence authorising a person to be a driver of a chauffeured private hire car is valid as follows:

(a)

for a licence granted to an applicant who is a citizen of Singapore and is self‑employed or an employee of a private hire car booking service operator which is not a certified private hire car licensee, the licence is valid —

(i)	for a period not exceeding 3 years starting from the date specified by the Registrar in a written notice to the licensee on the grant of the licence; or
(ii)	until the applicant ceases to be a citizen of Singapore before the end of the period in sub‑paragraph (i);

(b)

for a licence granted to an applicant who is a citizen of Singapore and an employee of a certified private hire car licensee, the licence is valid until the earliest of the following events:

(i)	the applicant ceases to be employed as a chauffeured private hire car driver by the same certified private hire car licensee;
(ii)	the employer ceases to be a certified private hire car licensee;
(iii)	the applicant ceases to be a citizen of Singapore;

(c)

for a licence granted to an applicant who is not a citizen of Singapore and is an employee of a certified private hire car licensee, the licence is valid until the earliest of the following events:

(i)	the applicant ceases to be employed as a chauffeured private hire car driver by the same certified private hire car licensee;
(ii)	the employer ceases to be a certified private hire car licensee;
(iii)	the applicant becomes a citizen of Singapore or ceases to be a permanent resident of Singapore;

(d)

for a licence granted to an applicant who is not a citizen of Singapore and is an employee of a private hire car booking service operator which is not a certified private hire car licensee, the licence is valid for a period not exceeding 3 years starting from the date specified by the Registrar in a written notice to the licensee on the grant of the licence or the happening (before the end of that period) of the earliest event where applicable:

(i)	the applicant ceases to be employed as a chauffeured private hire car driver by that private hire car booking service operator if the applicant was also not a permanent resident of Singapore when the licence was granted;
(ii)	the applicant ceases to be employed as a chauffeured private hire car driver by that or any other private hire car booking service operator if the applicant was a permanent resident of Singapore when the licence was granted;
(iii)	the applicant becomes a citizen of Singapore or ceases to be a permanent resident of Singapore before the end of that period.”.

Amendment of rule 9

8. Rule 9 of the principal Rules is amended —

(a)

by inserting, immediately before the words “a Class 3 bus” in paragraph (1)(b), the words “a chauffeured private hire car,”;

(b)

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

“(3) In considering a renewal of a licence, the Registrar may —

(a)

in the case of a renewal of a licence of a taxi driver, require the applicant to satisfactorily complete such taxi driver’s refresher course as the Registrar may require; or

(b)

in the case of a renewal of a licence to be a driver of a chauffeured private hire car, require the applicant —

(i)	to provide the evidence mentioned in rule 4(2)(d)(ii)(D) as if the application had been made under rule 4; and
(ii)	to satisfactorily complete such refresher courses as the Registrar may require.”;

(c)

by deleting paragraphs (5), (6) and (7) and substituting the following paragraphs:

“(5) Subject to paragraph (6), the Registrar may —

(a)	in the case of a licence to be an omnibus driver granted to a person who is not a citizen or permanent resident of Singapore, renew the licence such that the licence is valid so long as the licensee continues to be employed by an omnibus company or such other period as the Registrar may specify in a written notice to the licensee on the renewal of the licence;
(b)	in the case of a licence to be a chauffeured private hire car driver, renew the licence for the period mentioned in rule 7A(3); and
(c)	in the case of any other licence, renew the licence for a period not exceeding 3 years starting on the date specified by the Registrar in a written notice to the licensee on the renewal of the licence.

(6) Where, during the validity period of an existing licence (called the first licence) for a fixed period, a licensee is granted a licence authorising the licensee to drive, or act as conductor of, another class of vehicle (called the second licence), the Registrar may, free of charge, extend the first licence for a period specified in the written notice to the licensee on the grant of the second licence.

(7) To avoid doubt, the non-refundable fee mentioned in paragraph (1)(a) is regardless of the number of licences to be renewed in the application.”.

Amendment of rule 9A

9. The principal Rules are amended by renumbering rule 9A as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) Every licence to be a chauffeured private hire car driver granted to an applicant mentioned in rule 7A(3)(c) and (d) is subject to the following conditions:

(a)	that the licensee must be employed as a chauffeured private hire car driver when driving a chauffeured private hire car for reward;
(b)	in any case where the licensee ceases to be employed as a chauffeured private hire car driver by a certified private hire car licensee or a private hire car booking service operator, that the licensee must inform the Registrar within a period of 7 days starting on such date.”.

Amendment of Part II of Fourth Schedule

10. Part II of the Fourth Schedule to the principal Rules is amended by deleting item 3 and substituting the following items:

“3.	Chauffeured private hire car

18 and above but below 75

4.	Other vehicle (including trishaws)

21 and above but below 70.”.

Saving and transitional provisions

11.—(1) An application for a licence under rule 4 of the principal Rules that is pending immediately before 20 June 2017 is treated as having been made under rule 4 of the principal Rules as amended by these Rules.

(2) An application to renew a licence under rule 9 of the principal Rules that is pending immediately before 20 June 2017 —

(a)	in the case of an application where paragraphs (6) and (7) of rule 9 apply, is treated as having been made under rule 4 of the principal Rules as amended by these Rules; and
(b)	in any other case, is treated as having been made under rule 9 of the principal Rules as amended by these Rules.

(3) Any person who holds a vocational licence to be a taxi driver that is valid immediately before 20 June 2017 is deemed to have been granted, under the principal Rules as amended by these Rules, a licence to drive a chauffeured private hire car for so long as the vocational licence to be a taxi driver is in force.

[G.N. Nos. S 586/91; S 335/93; S 242/94; S 84/95; S 270/2000; S 587/2000; S 305/2003; S 674/2004; S 103/2005; S 302/2005; S 376/2005; S 356/2006; S 696/2006; S 724/2006; S 139/2007; S 108/2008; S 242/2008; S 517/2009; S 572/2009; S 46/2011; S 164/2011; S 280/2011; S 539/2011; S 79/2012; S 252/2012; S 643/2012; S 501/2013; S 651/2013; S 815/2014; S 373/2015; S 736/2015; S 808/2015; S 27/2016; S 204/2016; S 209/2016; S 249/2016; S 367/2016; S 617/2016]

Made on 19 June 2017.

CHAN HENG LOON ALAN

Chairman,
Land Transport Authority of Singapore.

[LTA/NN/TS/L18.030.002/01.17(PDVL); AG/LEGIS/SL/276/2015/18 Vol. 5]

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

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