8.—(1) Subject to paragraphs (2), (2A), (2B) and (4), any person who during the restricted hours rides, drives or moves a motor vehicle into a specified entry point on a specified road when —
(a)
there is no in-vehicle unit installed in the vehicle;
(b)
the in-vehicle unit therein has not been properly installed in accordance with the Second Schedule;
(c)
the in-vehicle unit installed therein is defective;
(d)
the in-vehicle unit installed therein has been unlawfully taken from another motor vehicle;
(e)
the in-vehicle unit therein has been installed, repaired, tampered with, adjusted, altered or modified in contravention of rule 4;
(f)
no ERP card has been inserted in the in-vehicle unit;
(g)
the ERP card has not been properly inserted in the in-vehicle unit;
(h)
the ERP card being used by him with the in-vehicle unit has a stored value of an amount that is insufficient to pay for any road user charge incurred by him; or
(i)
the ERP card being used by him with the in-vehicle unit is a forgery or is defective,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both.
(2) Where a person, who is registered with a collecting agent in such manner as the collecting agent may specify for the purposes of payment of outstanding road user charges and administrative charges, during the restricted hours, rides, drives or moves a motor vehicle into a specified entry point on a specified road in any of the circumstances specified in paragraph (1)(f), (g) or (h), he may pay to the collecting agent —
(a)
the road user charge incurred by him; and
(b)
an administrative charge of $3 payable to the Registrar,
on or before the date of payment specified by the collecting agent.
(2A) Where the Registrar has reason to believe that a person has committed an offence under paragraph (1)(f), (g) or (h) and —
(a)
the person is not registered with a collecting agent for the purposes of payment of outstanding road user charges and administrative charges; or
(b)
the person is registered with a collecting agent for the purposes of payment of outstanding road user charges and administrative charges but fails to pay the charges specified in paragraph (2) on or before the date of payment specified by the collecting agent,
the Registrar may by notice in writing require the person to pay, within such time and in such manner as may be specified in the notice, the road user charge incurred by him and —
(i)
in a case where payment is made directly to the Authority or at any post office (whether by cheque, cash or NETS), an administrative charge of $10; or
(ii)
in a case where payment is made in any other manner specified in the notice, an administrative charge of $8.
(2B) If a person makes payment of the road user charge and administrative charge in accordance with paragraph (2) or (2A), he shall not be guilty of an offence under paragraph (1)(f), (g) or (h), as the case may be.
(2C) The Registrar may, in his discretion, waive in whole or in part the administrative charge referred to in paragraphs (2) and (2A).
(3) Any person who, during the restricted hours, rides, drives or moves a motor vehicle from an area outside a specified entry point on a specified road to an area within the specified entry point in such a manner as to avoid riding, driving or moving the motor vehicle into the specified entry point and thereby evades payment of the road user charge levied in respect of that specified entry point shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(4) It shall be a defence in any prosecution for a contravention or non-compliance with —
(a)
paragraph (1)(b), (c), (d), (e), (g), (h) or (i) for the person charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention or non-compliance referred to in the charge; or
(b)
paragraph (1)(c), (e) or (i) involving the use of a defective in-vehicle unit or a defective ERP card, as the case may be, for the person charged to prove to the satisfaction of the court that the defect in the in-vehicle unit or ERP card occurred through no fault of his in the course of the journey during which the offence was committed.
(5) In this rule, “collecting agent” means a person authorised by the Registrar for the purposes of collecting outstanding road user charges and administrative charges on behalf of the Registrar.