PART 2 | LICENSING OF DRIVERS and riders |
[12/2021] Division 1 — Driving of motor vehicles except
test‑needed‑to‑ride‑on‑road vehicles |
[12/2021] | 34F. This Division does not apply to or in relation to the riding of any test‑needed‑to‑ride‑on‑road vehicle on any road. [12/2021] |
| Licensing of drivers, etc. |
35.—(1) Except as otherwise provided in this Act, a person must not drive a motor vehicle of any class or description on a road unless the person is the holder of a driving licence authorising him or her to drive a motor vehicle of that class or description.| (2) A person must not employ or permit another person to drive a motor vehicle on a road unless the person so employed or permitted to drive is the holder of such a driving licence. |
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction as follows:| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; | | (b) | where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. [19/2019] |
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(3A) For the purposes of subsection (3) and section 35AA, a person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) for contravening subsection (1) or (2) —| (a) | has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (3) for contravening the same provision as the current offence; or | | (b) | has (whether before, on or after 1 November 2019) been convicted or found guilty on at least one other earlier occasion of an offence under subsection (3) as in force immediately before that date for contravening the same provision as the current offence. [19/2019] |
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| (4) An application for a grant or renewal of a driving licence must be made in any form that the Deputy Commissioner of Police may design and utilise. [28/2014] |
(5) On an application for the grant of a driving licence, the applicant must, in addition to any declaration required under this Act, state whether —| (a) | he or she has held a driver’s certificate or licence in any part of the world; | | (b) | any such certificate or licence has been endorsed, suspended or cancelled; | | (c) | he or she has been disqualified from holding a licence; and | | (d) | he or she is under the provisions of this Act disqualified by reason of age or otherwise from obtaining the licence for which he or she is applying. |
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(6) Subject to the provisions of this Part as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Deputy Commissioner of Police must, upon payment of the prescribed fee (if any), grant a licence to any person who —| (a) | applies for it in the prescribed manner; and | | (b) | declares in writing that the person is not disqualified by any reason (age or otherwise) from obtaining the licence. [28/2014] |
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| (6A) The Deputy Commissioner of Police may, upon payment of the prescribed fee (if any), renew the driving licence of any person who holds a driving licence authorising him or her to drive a class or description of a motor vehicle if the Deputy Commissioner of Police is satisfied that the person has passed the whole or any part of the prescribed test of competence to drive that class or description of vehicle that the Deputy Commissioner of Police may require. [28/2014] |
(7) The Deputy Commissioner of Police must grant a licence under subsection (6) or renew a licence under subsection (6A) except in the case of an applicant —| (a) | who is disqualified as provided under this section; or | | (b) | to whom, in the opinion of the Deputy Commissioner of Police, it would not be in the public interest to grant or renew a licence. [28/2014] |
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| (8) A driving licence may authorise the holder of the driving licence to drive all classes of motor vehicles or such class or classes or such type or types within any class or classes as the Deputy Commissioner of Police may specify therein. |
| (9) Where the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction must be specified in the prescribed manner on the driving licence. |
(10) Subject to the provisions of this Act and the rules, unless earlier revoked or surrendered —| (a) | a driving licence granted to a person who is, or a renewed driving licence of a person who becomes, a citizen or permanent resident of Singapore remains in force for the lifetime of that person; and | | (b) | a driving licence granted to, or a renewed driving licence of, a person who is not a citizen or permanent resident of Singapore remains in force for a period of 5 years beginning on the date of such grant or renewal (as the case may be) or any shorter period that the Deputy Commissioner of Police may specify in any particular case. [28/2014; 10/2017] |
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(10A) Despite subsection (10) but subject to the other provisions of this Act, a driving licence mentioned in subsection (10)(a) or (b) ceases to be in force when the person who holds the driving licence attains any of the prescribed ages applicable to the person, unless before attaining that age —| (a) | the person undergoes the prescribed medical examination and is duly certified by a registered medical practitioner as being physically fit to drive a motor vehicle of the class or description in that licence; and | | (b) | the person passes the whole or any part of the prescribed test of competence to drive that the Deputy Commissioner of Police may require for the person to drive a motor vehicle of the class or description in that licence. [28/2014] |
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| (11) Subsection (10) does not apply to a provisional licence referred to in section 36(3). |
| (12) [Deleted by Act 28 of 2014] |
(13) The Deputy Commissioner of Police may refuse to renew any driving licence if the Deputy Commissioner of Police is satisfied —| (a) | that the holder of the driving licence has not complied with any process of court issued against him or her in respect of any offence committed by him or her under this Act or the rules or any written law specified in Part 2 of the First Schedule; or | | (b) | that the holder of the driving licence has, pursuant to a warrant of court, been arrested in connection with an offence under this Act or the rules or any written law specified in Part 2 of the First Schedule and the offence has not been tried and determined by the court. [28/2014; 10/2017] |
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| (14) Subject to subsection (15), the Minister may, by notification in the Gazette, amend Part 2 of the First Schedule. |
| (15) The Minister must, before exercising his or her powers under subsection (14), consult the Minister responsible for the written law to which the amendment relates. |
(16) Where a person’s driving licence has ceased to be in force for a period of 3 years or more, the Deputy Commissioner of Police must not grant another driving licence to the person authorising the person to drive a class or description of motor vehicle unless —| (a) | the person passes the test of competence to drive referred to in section 36(1); or | | (b) | the Deputy Commissioner of Police is satisfied that, at any time within 3 years before the date that the person applies for the other driving licence, the person held a driver’s certificate or licence granted by the competent authority in any country other than Singapore authorising the person to drive a motor vehicle of that class or description. [28/2014] |
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(17) A person is disqualified from obtaining a driving licence —| (a) | while another driving licence granted to him or her is in force whether the licence is suspended or not; | | (b) | if he or she is, by a conviction under this Act or by an order of a court in Singapore or Malaysia, disqualified from holding or obtaining a driving licence. |
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| (18) In any proceedings, the fact that a driving licence has been granted to a person is evidence that the person for the purpose of obtaining the licence made a declaration that he or she was not disqualified from holding or obtaining the licence. |
| (19) If any person is aggrieved by the refusal of the Deputy Commissioner of Police to grant or renew a driving licence or by the revocation of a driving licence under section 37, he or she may, after giving the Deputy Commissioner of Police notice of his or her intention to do so, appeal to the Commissioner of Police and on the appeal the Commissioner of Police may make any order that the Commissioner of Police thinks fit and any order so made is binding on the Deputy Commissioner of Police. [28/2014] |
| (20) In this section, “permanent resident of Singapore” means a person who holds a valid entry permit under section 10 of the Immigration Act 1959 or a valid re‑entry permit under section 11 of that Act. [28/2014] |
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| Court to order forfeiture of vehicle for person driving motor vehicle without driving licence |
35AA.—(1) Where a person convicted of an offence under section 35(3) (committed on or after 1 November 2019) is a repeat offender and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless —| (a) | the court is satisfied that —| (i) | the person convicted is not the owner of the motor vehicle; and | | (ii) | the driver of the motor vehicle in relation to which the offence is committed had driven the motor vehicle without the consent of the owner; or |
| | (b) | the court has other good reasons for ordering otherwise. [19/2019] |
| (2) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed (on or after 1 November 2019) an offence under section 35(3), may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar. [19/2019] |
| (3) If there is no prosecution with regard to an offence under section 35(3), any motor vehicle seized pursuant to subsection (2) in relation to the offence must be released at the end of one month starting from the date of seizure if it is not earlier released. [19/2019] |
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| Power of Deputy Commissioner of Police to revoke driving licence |
35A.—(1) The Deputy Commissioner of Police may revoke a driving licence if —| (a) | within a period of 12 months from the date of the grant of the licence, the record of the holder of the licence (as kept by the Deputy Commissioner of Police for the purposes of this section) as a driver of motor vehicles establishes that it would not be in the interests of public safety for him or her to continue to hold the licence, or that he or she is not competent to drive a motor vehicle; | | (b) | the holder of the licence —| (i) | had, at any time before being granted that licence, committed an offence while driving a motor vehicle of a class or description which he or she was authorised to drive by virtue of another driving licence held by him or her at the time; and | | (ii) | after being granted the firstmentioned licence, is dealt with by the court or the Deputy Commissioner of Police for the offence mentioned in sub‑paragraph (i) in any manner that would, by virtue of any rules relating to the prescribed test of competence leading to the grant of the firstmentioned licence, have caused the holder of the licence to be disallowed from taking that test had he or she been so dealt with for that offence before he or she took that test; or |
| | (c) | the Deputy Commissioner of Police becomes aware of a circumstance that would have required or permitted the Deputy Commissioner of Police to refuse to grant a driving licence to any person, had he or she been aware of the circumstance immediately before granting the driving licence. [24/2010] |
| (2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or the rules, and providing for the circumstances where any points so awarded may be cancelled or disregarded. [28/2014; 10/2017] |
| (3) The Deputy Commissioner of Police may, under subsection (1), regard a person as not competent to drive a motor vehicle, or establish that it would not be in the interests of public safety for a person to continue to hold a driving licence, if that person is awarded, within a prescribed period, points prescribed for the commission of an offence or offences under this Act that are equal to or in excess of the maximum number of points prescribed (called the revocation threshold). [28/2014] |
(4) The rules made under subsection (2) must —| (a) | specify the number of points to be awarded for an offence under this Act, including points that distinguish between different offences under this Act or the circumstances in which any offence is committed or both; | | (b) | specify when points may be awarded in respect of an offence under this Act, and the circumstances under which points awarded may be cancelled or disregarded for the purposes of subsection (1); and | | (c) | specify the revocation threshold, the period over which the revocation threshold is calculated, and any other matters that are required to be prescribed for the purposes of this section. [28/2014] |
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| (5) Where the points awarded against a person under the rules made under subsection (2) reach 50% of the revocation threshold under this section, the Deputy Commissioner of Police must give written notice thereof to the person. [28/2014] |
| (6) Where a person is disqualified by an order of a court from holding or obtaining a driving licence for a period of time specified in the order, every point awarded against the person under the rules made under subsection (2) must thereupon be cancelled. |
| (7) Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act or the rules, points must be awarded against him or her only for the offence committed by him or her and in respect of which the largest number of points may be awarded against a person. [10/2017] |
(7A) If —| (a) | a person is a holder of a driving licence authorising the person to drive a motor vehicle of a particular class or description; and | | (b) | the person’s driving licence is revoked under this section when the person is a new driver in respect of that licence, |
| then every other driving licence authorising the person to drive a motor vehicle of any other class or description is deemed to be revoked as well unless the person is then not a new driver in respect of that other driving licence. |
[19/2019] |
| (8) [Deleted by Act 12 of 2021] |
(9) For the purposes of subsection (7A), a person is a new driver in relation to any driving licence during the initial period —| (a) | starting on the date of the grant of the driving licence to the person under section 35(6), or under section 36(2) in the circumstances described in section 36(2)(a)(ii); and | | (b) | ending on the eve of the first anniversary of the grant of the driving licence as mentioned in paragraph (a). [19/2019] |
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| Licensee may make representations against revocation of driving licence |
35B.—(1) To revoke a person’s driving licence under section 35A, the Deputy Commissioner of Police must first give a notice to the person concerned —| (a) | stating that the Deputy Commissioner of Police proposes to revoke the person’s driving licence on such date (called in this section the proposed revocation date) being at least 4 weeks after the date of giving the notice; | | (b) | setting out the reasons for revoking the person’s driving licence; and | | (c) | specifying the period (being at least 4 weeks after the date of giving the notice) within which representations or objections with respect to the proposed revocation may be made. [19/2019] |
| (2) Then, the Deputy Commissioner of Police may, after considering any representations or objections which are duly made within the period mentioned in subsection (1)(c) and not withdrawn by the person concerned, revoke the person’s driving licence on the proposed revocation date. [19/2019] |
| (3) The Deputy Commissioner of Police must immediately inform the person concerned of his or her decision under subsection (2). [19/2019] |
| (4) However, the Deputy Commissioner of Police may, on his or her own initiative, rescind the revocation of a person’s driving licence and reinstate the person’s driving licence, after re‑considering any representations or objections made by that person within the period mentioned in subsection (1)(c). [19/2019] |
(5) In relation to reinstating a person’s driving licence under subsection (4) —| (a) | the Deputy Commissioner of Police must regard the person as still satisfying all the requirements relating to the grant of the driving licence; and | | (b) | from that reinstatement, the driving licence reinstated must be regarded as being continuously in force starting on the date of its grant, disregarding any break because of the revocation of the driving licence. [19/2019] |
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| (6) This section applies only in relation to a notice given by the Deputy Commissioner of Police under subsection (1) on or after 29 June 2021, and section 35B as in force immediately before that date continues to apply in relation to a notice given by the Deputy Commissioner of Police under that section before that date. [19/2019] |
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| Surrender of driving licence |
| 35C.—(1) The Deputy Commissioner of Police must, upon revoking a licence under section 35A, require the licence (if not issued in electronic form) to be surrendered to and retained by the Deputy Commissioner of Police. [19/2019] | (2) Any person whose driving licence has been revoked under section 35A must immediately surrender the driving licence (if not issued in electronic form) to the Deputy Commissioner of Police. [19/2019] |
| (3) Any person whose driving licence has been revoked under section 35A must not drive a motor vehicle of the class or description which the revoked licence had authorised that person to drive until that person is granted a new driving licence authorising that person to drive a motor vehicle of that class or description. [28/2014] |
| (4) Any person who drives a motor vehicle on a road when his or her driving licence is revoked under section 35A shall be guilty of an offence. |
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| Prescribed test of competence to drive for grant of driving licence |
| 36.—(1) A driving licence must not be granted to any applicant unless he or she passes the prescribed test of competence to drive. [28/2014] (2) Despite subsection (1), the Deputy Commissioner of Police may grant a driving licence to an applicant who satisfies the Deputy Commissioner of Police that —| (a) | at any time within 3 years before the date that the applicant makes the application, the applicant —| (i) | has held a driving licence which has ceased to be in force under section 35(10A); or | | (ii) | has held a driver’s certificate or licence granted by the competent authority in any country other than Singapore authorising the applicant to drive a motor vehicle of the class or description which the applicant would be authorised to drive by the licence applied for; and |
| | (b) | the applicant passes the whole or such part of the test of competence to drive mentioned in subsection (1) or such other prescribed test of competence to drive, as the Deputy Commissioner of Police may require. [28/2014] |
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| (3) For the purpose of enabling the applicant for a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the Deputy Commissioner of Police may, if so requested by the applicant and on payment of the prescribed fee, grant to the applicant a provisional licence to be in force for a period prescribed. [28/2014; 10/2017] |
| (4) A provisional licence must be in the prescribed form and is granted subject to the prescribed conditions. |
| (5) If any person to whom a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he or she shall be guilty of an offence. |
| (6) Different validity periods for provisional licences may be prescribed under section 48 for different types of provisional licences. [10/2017] |
| (7) The court before which a person is convicted of an offence under section 64, 65 or 65A may, whether the person has previously passed the prescribed test of competence to drive or not and whether or not the court makes an order under section 42 disqualifying the person from holding or obtaining a licence to drive a motor vehicle, order the person to be disqualified from holding or obtaining a licence to drive a motor vehicle until the person has since the date of the order passed the test. |
(8) The provisions of this Act which have effect where an order disqualifying a person from holding or obtaining a driving licence is made have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications:| (a) | despite section 35(17) or 43(3), the person disqualified is (unless the person is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section) entitled to obtain and to hold a provisional driving licence to be granted under subsection (3) and to drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted; | | (b) | the disqualification is deemed to have expired on production to the Deputy Commissioner of Police of evidence that the person has since the order was made passed the prescribed test; | | (c) | on the return to the person disqualified of any driving licence held by the person or on the issue to the person of such a licence there must be added to the endorsed particulars of the disqualification a statement that the person disqualified has since the order was made passed the prescribed test. |
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| Provisions as to physical fitness of applicants for driving licences |
37.—(1) On an application for the grant of a driving licence, the applicant must make a declaration in writing as to whether the applicant is suffering from —| (a) | any prescribed disease or physical disability; or | | (b) | any other disease or physical disability which is likely to cause the driving by the applicant of a motor vehicle (of the class or description which the applicant would be authorised by the licence to drive) to be a source of danger to the public. [28/2014] |
| (2) If from the declaration it appears that the applicant is suffering from any disease or physical disability specified in subsection (1), the Deputy Commissioner of Police must refuse to grant the driving licence. |
| (3) A driving licence limited to driving an invalid carriage may be granted to the applicant if the Deputy Commissioner of Police is satisfied that he or she is fit to drive such a carriage. |
| (4) The applicant may, except in the case of any prescribed diseases and disabilities, on payment of the prescribed fee, claim to be subjected to a test as to his or her fitness or ability to drive a motor vehicle of any class or description that he or she would be authorised by the licence to drive. |
| (5) If the applicant passes the prescribed test and is not otherwise disqualified, the driving licence must not be refused by reason only of the provisions of subsection (2), except that if the test proves his or her fitness to drive motor vehicles of a particular construction or design only, the driving licence must be limited to the driving of such vehicles. |
| (6) If it appears to the Deputy Commissioner of Police that there is reason to believe that any person who holds a driving licence is suffering from a disease or physical disability likely to cause the driving by the person of a motor vehicle, being a motor vehicle of any class or description the person is authorised by the licence to drive, to be a source of danger to the public and, after making any inquiry that he or she considers necessary, the Deputy Commissioner of Police is satisfied that the licence holder is so suffering then, whether or not the licence holder so suffering has previously passed a test under this section, the Deputy Commissioner of Police may, after giving to the licence holder notice of such intention, revoke the driving licence. |
| (7) The licence holder must on receipt of the notice deliver the driving licence to the Deputy Commissioner of Police for cancellation. |
| (8) The licence holder may, except in the case of any prescribed diseases and disabilities, claim to be subjected to a test as to his or her fitness or disability to drive a motor vehicle and, if he or she passes the prescribed test, the driving licence must not be revoked or, if it has already been revoked, must be returned to the licence holder and the revocation thereof is rescinded. |
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| Recognition of foreign driving licences and driving permits |
| 38.—(1) Despite not holding a valid driving licence but subject to the provisions of this Act, it is lawful for a holder of a valid foreign driving licence to drive in Singapore, for a period of 12 months starting from the date of his or her last entry into Singapore, a motor vehicle of the class or description which the foreign driving licence authorises him or her to drive. [28/2014] (2) However, subsection (1) does not apply where the holder of the foreign driving licence —| (a) | is a citizen or permanent resident of Singapore; or | | (b) | is a work pass driver. [28/2014] |
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(3) If at any time a holder of a valid foreign driving licence becomes —| (a) | a citizen or permanent resident of Singapore; or | | (b) | a work pass driver, |
| then subsection (1) applies to that holder of a foreign driving licence for the prescribed period instead of the 12‑month period in subsection (1). |
[28/2014] |
(4) Despite not holding a valid driving licence, it is lawful for —| (a) | a member of a visiting force; or | | (b) | a member of a civilian component of the visiting force, |
| who holds a driving permit issued to him or her by a competent authority of the country of the visiting force to drive in Singapore a motor vehicle belonging to the country of the visiting force which is of the class or description specified in the driving permit. |
[28/2014] |
(5) In this section —| “civilian component” and “visiting force” have the respective meanings given by the Visiting Forces Act 1960; |
| “permanent resident of Singapore” means a person who holds a valid entry permit under section 10 of the Immigration Act 1959 or a valid re‑entry permit under section 11 of that Act; |
“prescribed period” means the period prescribed, starting from —| (a) | for a person referred to in subsection (3)(a), the date on which the person is granted a certificate of citizenship under the Constitution of the Republic of Singapore or an entry permit under the Immigration Act, whichever first happens; or | | (b) | for a person referred to in subsection (3)(b), the date on which the person is issued with a work pass under the Employment of Foreign Manpower Act 1990; |
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“work pass driver” means the holder of a work pass issued under the Employment of Foreign Manpower Act 1990 who drives a motor vehicle carrying passengers or goods or both —| (a) | for hire or reward; or | | (b) | because of or under a contract of employment. [28/2014] |
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| Production of driving licences |
39.—(1) Any person driving a motor vehicle on a road must, on being so required by a police officer, produce his or her driving licence for examination so as to enable the police officer to ascertain his or her name and address, the date of issue and the authority by which it was issued, and if he or she fails to do so he or she shall be guilty of an offence.| (2) Despite subsection (1), if within 24 hours after the production of his or her driving licence was so required, the licensee produces the licence in person at any police office or police station in Singapore that may be specified by the police officer at the time its production was required, the licensee shall not be convicted of an offence under this section. |
| (3) Subsection (2) does not apply to a paid driver or to the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods. |
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| Possession of driving licence belonging to another person |
40.—(1) If the Deputy Commissioner of Police has reasonable cause to believe that a driving licence is in the possession of any person other than the person to whom it was issued, the Deputy Commissioner of Police may, by written notice served personally on the person in whose possession the licence is alleged to be, require the person immediately to deliver the driving licence to the Deputy Commissioner of Police who must, in the absence of any reason to the contrary, deliver the driving licence to the person to whom it was issued.| (2) Any person who, without reasonable cause, fails to comply with a notice under subsection (1) shall be guilty of an offence. |
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| 41. [Repealed by Act 12 of 2021] |
| Disqualification for offences |
42.—(1) Where a person (called in this section the offender) is convicted of —| (a) | an offence under this Act or any other written law in connection with the driving of a motor vehicle; or | | (b) | an offence under this Act or any other written law and —| (i) | at the time of the commission of the offence, the offender was the driver or was in charge of a motor vehicle on a road or other public place; | | (ii) | the person against whom the offence was committed was the driver of another vehicle on the road or public place, a passenger in that other vehicle or a pedestrian on the road or public place; | | (iii) | the court convicting the offender of the offence is satisfied that the commission of the offence arose from or was connected with a dispute between the offender and that other person over the use of the road or public place; and | | (iv) | having regard to the circumstances under which the offence was committed and the behaviour of the offender, the court is of the opinion that it is undesirable for the offender to continue to be allowed to drive a motor vehicle, |
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| the court may, in addition to imposing on the offender the punishment provided for such offence, make an order disqualifying the offender from holding or obtaining a driving licence for life or for any period that the court thinks fit. |
[12/2021] | (2) Subsection (1) is subject to any provision in this Act expressly providing otherwise. [12/2021] |
| (3) If the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the motor vehicle in relation to which the offence was committed. |
| (4) A person who, by virtue of an order of a court, is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order. |
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| Disqualification for failing to attend court |
42A.—(1) The Public Prosecutor may apply to the court for an order disqualifying a person from holding or obtaining a driving licence if —| (a) | that person is accused of an offence under this Act or the rules or any written law specified in Part 2 of the First Schedule and had failed to appear before a court to answer the charge against him or her even though he or she had been served with the appropriate process of court requiring him or her to so appear before that court; | | (b) | the court before which that person was to have appeared had, pursuant to his or her default in appearance, issued a warrant for his or her arrest; | | (c) | that person has been arrested pursuant to the warrant and subsequently released on bail; | | (d) | that person has been duly informed by —| (i) | the Deputy Commissioner of Police; | | (ii) | the officer who arrested the person; or | | (iii) | if the person is accused of an offence under any written law specified in Part 2 of the First Schedule, an officer responsible for administering such written law, |
| that should the person fail to appear in court on the date next appointed for his or her appearance in connection with the offence of which the person is accused, the Public Prosecutor is to make an application under this section for him or her to be disqualified from holding or obtaining a driving licence; and |
| | (e) | that person has, without lawful excuse, failed to appear in court on the date next appointed for his or her appearance in connection with the offence of which he or she is accused. [10/2017] |
| (2) Upon an application made by the Public Prosecutor under subsection (1), the court, if satisfied of the matters referred to in subsection (1)(a) to (e) and, having regard to the circumstances of the case and the behaviour of the accused person, is of the opinion that it is undesirable for him or her to continue to be allowed to drive a motor vehicle, may make an order disqualifying the accused person from holding or obtaining a driving licence until the offence of which he or she is accused has been tried and determined by a court or for any other period that the court thinks fit. |
| (3) Where the court makes an order under subsection (2) disqualifying a person from holding or obtaining a driving licence for any period ending before the trial and determination of the offence of which that person is accused, the court may, on further application of the Public Prosecutor, extend the period of the disqualification if it thinks fit. |
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| Provisions as to disqualifications and suspensions |
43.—(1) Where a person who is disqualified by virtue of a conviction or order under this Act is the holder of a driving licence, the licence —| (a) | is suspended as long as the disqualification continues in force if he or she is disqualified from holding or obtaining a driving licence for a period of less than one year; and | | (b) | is of no effect if he or she is disqualified from holding or obtaining a driving licence for a period of one year or longer and he or she must not drive a motor vehicle after the period of disqualification unless he or she passes the prescribed test of competence to drive. |
| (2) A driving licence suspended by virtue of subsection (1) or section 45, 47B or 47C is, during the time of suspension, of no effect. |
| (3) If any person who under the provisions of this Act is disqualified from holding or obtaining a driving licence applies for or obtains a driving licence while he or she is so disqualified, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and the driving licence obtained by him or her is of no effect. |
(4) If any person who is disqualified as mentioned in subsection (3) drives on a road a motor vehicle or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the person drives on a road a motor vehicle of that class or description, the person shall be guilty of an offence and shall be liable on conviction as follows:| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; | | (b) | where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. [19/2019] |
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(4A) For the purposes of subsection (4), a person is a repeat offender in relation to an offence under that subsection if the person who is convicted, or found guilty, of an offence under that subsection —| (a) | has been convicted or found guilty on at least one other earlier occasion of an offence under that subsection; or | | (b) | has (whether before, on or after 1 November 2019) been convicted or found guilty on at least one other earlier occasion of an offence under subsection (4) as in force immediately before that date. [19/2019] |
|
| (5) Where any person has been convicted of an offence under subsection (4) and the conviction is a second or subsequent conviction and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle. |
(6) The court is not to make an order for the forfeiture of the vehicle if the court is satisfied that —| (a) | the person who has committed the offence is not the owner of the vehicle; and | | (b) | the person who has committed the offence had used the vehicle without the consent of the owner or where he or she had used the vehicle with the consent of the owner, that the owner had no knowledge of his or her disqualification under this Act from holding or obtaining a driving licence. |
|
| (7) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence under subsection (4) may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar. |
| (8) If there is no prosecution with regard to an offence under subsection (4), the motor vehicle seized pursuant to subsection (7) must be released at the end of one month from the date of seizure unless it has been earlier released. |
(9) Despite any written law prescribing the time within which proceedings may be instituted, proceedings for an offence under subsection (3) may be instituted —| (a) | within a period of 6 months from the date of the commission of the alleged offence; or | | (b) | within a period which exceeds neither 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence, |
| whichever period is the longer. |
|
|
| Recording of particulars of convictions or disqualifications by Deputy Commissioner of Police |
| 44.—(1) Where a person is convicted of an offence in connection with the driving of a motor vehicle or is disqualified by any court from holding or obtaining a driving licence, the court is to send notice of the conviction or order of disqualification to the Deputy Commissioner of Police who must thereupon cause particulars of the conviction or disqualification to be recorded. [2/2007] | (2) In any proceedings in any court, a certificate, purporting to be signed by the Deputy Commissioner of Police or any officer authorised by the Deputy Commissioner of Police, relating to the particulars of any conviction or disqualification recorded and maintained under subsection (1) is prima facie evidence of the conviction or disqualification. |
(3) Where a person is disqualified by any court from holding a driving licence, he or she must deliver his or her driving licence (if any) within 7 days of the order of disqualification to the Deputy Commissioner of Police who must —| (a) | cancel it or keep it during the period of disqualification; or | | (b) | if the disqualification does not apply to all the classes of vehicles which that person is permitted to drive, return the driving licence to him or her after having made the necessary endorsement thereon. |
|
|
| Power of Deputy Commissioner of Police to suspend driving licence |
| 45.—(1) Despite anything in this Act, the Deputy Commissioner of Police may suspend a driving licence of a person for a period not exceeding 5 years if the person’s record (as kept by the Deputy Commissioner of Police) as a driver of motor vehicles or his or her conduct or habits as such driver establishes that it would not be in the interests of public safety for him or her to hold a valid driving licence or that the person is not competent to drive a motor vehicle. [12/2021] | (2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that a person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or the rules, and providing for the circumstances where any points so awarded may be cancelled or disregarded. [28/2014; 10/2017] |
| (3) The Deputy Commissioner of Police may, under subsection (1), regard a person as not competent to drive a motor vehicle, or establish that it would not be in the interests of public safety for a person to continue to hold a driving licence, if that person is awarded, within a prescribed period, points prescribed for the commission of an offence or offences under this Act that are equal to or in excess of the maximum number of points prescribed (called the suspension threshold). [28/2014] |
(4) The rules made under subsection (2) must —| (a) | specify the number of points to be awarded for an offence under this Act, including points that distinguish between different offences under this Act or the circumstances in which any offence is committed or both; | | (b) | specify when points may be awarded in respect of an offence under this Act, and the circumstances under which points awarded may be cancelled or disregarded for the purposes of subsection (1); and | | (c) | specify the suspension threshold, the period over which the suspension threshold is calculated, and any other matters that are required to be prescribed for the purposes of this section. [28/2014] |
|
| (5) Where the points awarded against a person under the rules made under subsection (2) reach 50% of the suspension threshold under this section, the Deputy Commissioner of Police must give written notice thereof to the person. [28/2014] |
| (6) Where a person is disqualified by an order of a court from holding or obtaining a driving licence for a period of time specified in the order, every point awarded against him or her under the rules made under subsection (2) must thereupon be cancelled. |
| (7) Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act or the rules, points must be awarded against him or her only for the offence committed by him or her and in respect of which the largest number of points may be awarded against a person. [10/2017] |
| (8) [Deleted by Act 12 of 2021] |
(9) In addition to the power conferred on the Deputy Commissioner of Police by subsection (1), if a person who holds a driving licence —| (a) | fails to comply with any process of court issued against him or her in respect of any offence committed by him or her under this Act or the rules or any written law specified in Part 2 of the First Schedule; or | | (b) | is arrested under a warrant of court in connection with an offence under this Act or the rules or any written law specified in Part 2 of the First Schedule and the offence has not been tried and determined by the court, |
| the Deputy Commissioner of Police may, as he or she thinks fit, suspend the driving licence held by that person until the Deputy Commissioner of Police is satisfied that that person has complied with the process of court mentioned in paragraph (a) or until the offence mentioned in paragraph (b) has been tried and determined by the court, as the case may be. |
[10/2017] |
|
| Licensee may make representations against suspension of driving licence |
46.—(1) To suspend a person’s driving licence under section 45, the Deputy Commissioner of Police must first give a notice to the person concerned —| (a) | stating that the Deputy Commissioner of Police proposes to suspend the person’s driving licence on such date (called in this section the proposed suspension date) being at least 4 weeks after the date of giving the notice; | | (b) | setting out the reasons for suspending the person’s driving licence; and | | (c) | specifying the period (being at least 4 weeks after the date of giving the notice) within which representations or objections with respect to the proposed suspension may be made. [19/2019] |
(2) Then, the Deputy Commissioner of Police may, after considering any representations or objections which are duly made within the period mentioned in subsection (1)(c) and not withdrawn by the person concerned —| (a) | suspend the person’s driving licence on the proposed suspension date; or | | (b) | postpone the proposed suspension date to a later date if the person represents to the Deputy Commissioner of Police that the person will attend a prescribed course on safe driving, and suspend the person’s driving licence on the later date on completion of that course. [19/2019] |
|
| (3) The Deputy Commissioner of Police must immediately inform the person concerned of his or her decision under subsection (2). [19/2019] |
| (4) However, the Deputy Commissioner of Police may, on his or her own initiative, rescind the suspension of a person’s driving licence, after re‑considering any representations or objections made by that person within the period mentioned in subsection (1)(c). [19/2019] |
| (5) This section applies only in relation to a notice given by the Deputy Commissioner of Police under subsection (1) on or after 29 June 2021, and section 46 as in force immediately before that date continues to apply in relation to a notice given by the Deputy Commissioner of Police under that section before that date. [19/2019] |
|
| Surrender and return of driving licence |
| 47.—(1) The Deputy Commissioner of Police must, upon suspending a driving licence under section 45, require the licence (if not issued in electronic form) to be surrendered to and retained by him or her. [19/2019] | (2) Any person whose driving licence has been suspended under section 45 must immediately surrender the driving licence (if not issued in electronic form) to the Deputy Commissioner of Police. [19/2019] |
| (3) At the end of a period of suspension, a driving licence surrendered to the Deputy Commissioner of Police under subsection (2) must be returned to the holder of the driving licence and, in the case only of a driving licence suspended under section 45(1), the points awarded against him or her must be cancelled. |
| (4) Any person whose driving licence has been suspended under section 45 must not during the period of suspension drive a motor vehicle on a road under any other driving licence issued by any authority or otherwise. |
| (5) Any person who drives a motor vehicle on a road when his or her driving licence is suspended under section 45 shall be guilty of an offence. |
|
| Effect of suspension of licence by Deputy Commissioner of Police |
| 47A. A driving licence suspended by the Deputy Commissioner of Police under section 45 for a period of one year or any other longer period has no effect and the holder of the licence must not drive a motor vehicle after the period of suspension unless he or she passes the prescribed test of competence to drive. |
| Disqualification or suspension to continue in certain circumstances |
| 47B. If any person who is disqualified from holding or obtaining a driving licence, or whose driving licence is suspended under the provisions of this Act, drives while he or she is so disqualified or his or her licence is under suspension and causes death or serious injury to any other person and is charged for an offence under this Act, the disqualification or suspension continues until that offence has been tried and determined by a court. |
| Immediate suspension of driving licence in certain circumstances |
47C.—(1) Where any police investigation into the possible commission of any offence mentioned in subsection (2) is started against any person who, while driving a motor vehicle on a road or in any public place, was involved in any traffic incident resulting in —| (a) | serious injury or death to another person; or | | (b) | serious damage to any building or structure, |
| the Deputy Commissioner of Police may, immediately upon or at any time after the start of the police investigation, suspend the driving licence of that person. |
[24/2010] | (1A) At the start of or during any police investigation into the possible commission on or after 1 November 2019 by a person of any offence under section 64, 67 or 116, the Deputy Commissioner of Police may suspend the driving licence of the person. [19/2019] |
(2) Subsection (1) applies in respect of any of the following offences:| (a) | an offence under section 65 or 65A; | | (aa) | an offence under section 64, 66 or 67 as in force immediately before 1 November 2019; | | (b) | an offence under section 84(7) arising from a failure to comply with section 84(3); | | (c) | an offence under section 3 of the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960; | | (d) | an offence under section 279, 304A or 338 of the Penal Code 1871. [24/2010; 28/2014; 19/2019] |
|
| (3) The suspension of a person’s driving licence under subsection (1) or (1A), unless it is sooner rescinded by the Deputy Commissioner of Police under subsection (10), remains in force until the offence on account of which the person’s driving licence is so suspended has been tried and determined by a court. [24/2010; 19/2019] |
(4) Where the Deputy Commissioner of Police suspends the driving licence of a person under subsection (1) or (1A), the Deputy Commissioner of Police must, as soon as is practicable, give to the person concerned a written notice —| (a) | informing the person concerned of the suspension of his or her driving licence and the date from which the suspension is to take effect; and | | (b) | requiring the person concerned to surrender his or her driving licence to the Deputy Commissioner of Police within the time specified in the notice. [24/2010; 19/2019] |
|
| (5) A person who refuses or fails, without reasonable cause, or excuse to surrender his or her driving licence to the Deputy Commissioner of Police under subsection (4) shall be guilty of an offence. |
| (6) Any person whose driving licence has been suspended under this section must not during the period of suspension drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise. |
| (7) Any person who drives a motor vehicle on a road when his or her driving licence is suspended under this section shall be guilty of an offence. |
| (8) A person aggrieved by the suspension of his or her driving licence under subsection (1) or (1A) may, within 14 days after the receipt of the notice mentioned in subsection (4) or any extended period of time that the Commissioner of Police may allow in any particular case, appeal in writing against the suspension to the Commissioner of Police whose decision is final. [24/2010; 28/2014; 19/2019] |
| (9) Even though any appeal under subsection (8) is pending, the suspension of a person’s driving licence under subsection (1) or (1A) takes effect from the date specified in the notice given to him or her by the Deputy Commissioner of Police under subsection (4), unless the Commissioner of Police otherwise orders. [24/2010; 28/2014; 19/2019] |
(10) The Deputy Commissioner of Police may, at any time, rescind the suspension of a person’s driving licence under subsection (1) or (1A) on account of any offence mentioned in subsection (2) or (1A), respectively, but must, as soon as is practicable, rescind the suspension if —| (a) | the investigation reveals that that person was not involved in the commission of any such offence; | | (b) | it is decided that that person is not to be charged with any such offence; or | | (c) | the charge against that person in respect of any such offence is withdrawn. [24/2010; 19/2019] |
|
| (11) In this section, “structure” has the meaning given by section 65A(2). [24/2010] |
|
| Definition of serious injury |
| 47D. In sections 47B and 47C, “serious injury” means any injury which causes a person to be during a period of 7 days in severe bodily pain or unable to follow his or her ordinary pursuits. |
| Penalties for offences under sections 47(5) and 47C(7) |
| 47E. Any person who is guilty of an offence under section 47(5) or 47C(7) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both. [19/2019] |
| Prohibition order against holders of foreign driving licences |
47F.—(1) Where any provision of this Act empowers —| (a) | a court to order that a person be disqualified from holding or obtaining a driving licence; or | | (b) | the Deputy Commissioner of Police to suspend or revoke a driving licence of any person, |
| the provision is, in relation to the holder of a foreign driving licence, to be read as empowering the court or the Deputy Commissioner of Police to make an order (called in this section a prohibition order) prohibiting the holder of the foreign driving licence from driving any motor vehicle in Singapore for the same period for which the court or the Deputy Commissioner of Police may, by virtue of that provision, disqualify any person from holding or obtaining a driving licence or suspend or revoke the driving licence of any person, as the case may be. |
[24/2010] | (2) Any other provision of this Act which relates or which makes reference to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences, including any provision which provides for the punishment of any offence committed by a person who has been disqualified from holding or obtaining a driving licence or whose driving licence has been suspended or revoked, is, in relation to the holder of a foreign driving licence, to be read as if every reference in that provision to the disqualification of a person from holding or obtaining a driving licence or to the suspension or revocation of the driving licence of any person were a reference to the making of a prohibition order against the holder of a foreign driving licence. [24/2010] |
| (3) The Minister may make rules for modifying, in any manner that he or she may consider necessary, any of the provisions of this Act which relates or refers to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences in order that the provision may appropriately apply in relation to the holder of a foreign driving licence against whom a prohibition order has been made under this section. [24/2010] |
| (4) In this section, “holder of a foreign driving licence” means a person who holds a foreign driving licence and who is allowed by section 38(1) or (3) to drive a motor vehicle in Singapore using the foreign driving licence, but does not include any member of any visiting force or a civilian component thereof to whom section 38(4) applies. [24/2010; 28/2014] |
|
Division 2 — Competency test for riding
test‑needed‑to‑ride‑on‑road vehicle on road |
[12/2021] | Unauthorised riding of test‑needed‑to‑ride‑on‑road vehicle |
47G.—(1) An individual commits an offence if the individual —| (a) | rides on a road a test‑needed‑to‑ride‑on‑road vehicle; | | (b) | is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle certifying that the individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑ride‑on‑road vehicle; and | | (c) | is not excluded under subsection (2) or not exempted from this provision under section 142. [12/2021] |
| (2) Subsection (1) does not apply to an individual riding a test‑needed‑to‑ride‑on‑road vehicle in circumstances prescribed in rules made under section 48. [12/2021] |
(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but | | (b) | where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2021] |
|
|
| Grant of competency test certificate for road‑only PAB |
| 47H.—(1) Subject to subsection (2), the test authority may, on the application under subsection (3) by an individual, grant the individual a competency test certificate in respect of riding any road‑only PAB certifying that the individual has passed the prescribed test of competence for the road‑only PAB. [12/2021] (2) The test authority may grant under subsection (1) an individual a competency test certificate certifying that the individual has passed the prescribed test of competence for riding a road‑only PAB if, and only if, the test authority is satisfied that the individual —| (a) | has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the road‑only PAB; and | | (b) | is not below the minimum riding age (if prescribed) for the purposes of section 62 relating to the road‑only PAB. [12/2021] |
|
(3) An application for a competency test certificate relating to a road‑only PAB must —| (a) | be in the form and manner the test authority requires; | | (b) | be accompanied by an application fee, if prescribed; | | (c) | state the description of the road‑only PAB that is the subject of the application; and | | (d) | contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to ride the road‑only PAB that is the subject of the application. [12/2021] |
|
| (4) The test authority may refuse to consider an application under subsection (3) that is incomplete or not made in accordance with this section. [12/2021] |
| (5) To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device. [12/2021] |
|
| Validity of competency test certificate for road‑only PAB |
47I.—(1) Subject to this section, every competency test certificate granted under section 47H(1) to an individual for a road‑only PAB remains in force —| (a) | for the period specified in the competency test certificate; or | | (b) | for the natural life of the individual if no period in paragraph (a) is specified. [12/2021] |
(2) A test authority may cancel a competency test certificate granted under section 47H(1) to an individual for a road‑only PAB if —| (a) | the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or | | (b) | the prescribed test of competence for the road‑only PAB has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to ride the road‑only PAB. [12/2021] |
|
| (3) A competency test certificate granted under section 47H(1) to an individual may be cancelled by a test authority under subsection (2) by the test authority giving notice to the individual concerned of the cancellation. [12/2021] |
| (4) A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3). [12/2021] |
|
| Unlawful use of competency test certificate for road‑only PAB |
47J.—(1) A person commits an offence if the person —| (a) | has in the person’s possession, without lawful authority or a reasonable excuse, an article so resembling a competency test certificate granted under section 47H(1) as to be calculated to deceive; | | (b) | alters a competency test certificate which is granted under section 47H(1) in a way that is calculated to deceive; | | (c) | dishonestly alters or uses a competency test certificate granted under section 47H(1); or | | (d) | dishonestly lends, or allows another person to use, a competency test certificate granted under section 47H(1). [12/2021] |
| (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2021] |
|
| Allowing untested rider, etc., on road |
47K.—(1) Subject to this Act, a person commits an offence if —| (a) | the person employs, or intentionally or negligently allows, an individual to ride on a road a test‑needed‑to‑ride‑on‑road vehicle of a class or description; | | (b) | the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle and is not excluded under section 47G(2); and | | (c) | the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle. [12/2021] |
| (2) To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑ride‑on‑road vehicles allowing, in the course of that business and for the purpose of selling the vehicle, a customer of the business concerned at the customer’s request to ride a test‑needed‑to‑ride‑on‑road vehicle within any part of those premises not comprising a road. [12/2021] |
(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but | | (b) | where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2021] |
|
| (4) For the purposes of subsection (3), an individual is a repeat offender in relation to an offence under subsection (1) if the individual who is convicted, or found guilty, of an offence under subsection (1) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (1). [12/2021] |
|
| Production of competency test certificate |
47L.—(1) A police officer or a duly authorised person may, for the purpose of ensuring that any test‑needed‑to‑ride‑on‑road vehicle that is being or may be used on a road complies with this Act, at any time order the rider of the vehicle to produce the rider’s competency test certificate for examination or other identity documents so as to enable the police officer or duly authorised person (as the case may be) to ascertain —| (a) | the identity of the rider; and | | (b) | the authority by which the competency test certificate was granted. [12/2021] |
(2) A rider of a vehicle to whom an order under subsection (1) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but | | (b) | where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2021] |
|
| (3) However, subsection (2) does not apply if within 48 hours after an order is given to a rider of a vehicle under subsection (1), the rider produces the competency test certificate in person at any police station or other place that is specified by the police officer or duly authorised person (as the case may be) at the time the order was given. [12/2021] |
| (4) An individual to whom a digital competency test certificate is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate is displayed for the purpose of complying with an order under subsection (1) to produce a competency test certificate, is taken to have produced a competency test certificate for that purpose. [12/2021] |
(5) However, a digital competency test certificate is not displayed for the purpose of complying with an order under subsection (1) to produce or carry a competency test certificate if —| (a) | the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction; | | (b) | the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital competency test certificate; or | | (c) | the holder of the digital competency test certificate refuses to comply with a reasonable direction to refresh the display of the digital competency test certificate. [12/2021] |
|
| (6) To avoid doubt, an individual who displays or purports to display a digital competency test certificate is not required to give or hand over, to the person who is requiring the competency test certificate to be produced or handed over, the mobile communication device or other electronic device on which the digital competency test certificate is displayed or purported to be displayed. [12/2021] |
| (7) An individual is a repeat offender in relation to an offence under subsection (2) if the individual who is convicted, or found guilty, of an offence under subsection (2) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (2). [12/2021] |
| (8) A reference to a duly authorised person in this section or section 47M or 47N is a reference to an individual appointed under this subsection by the Minister as an authorised person for the purposes of that section, is authorised by the Minister to exercise any powers under that section and is acting within that authorisation. [12/2021] |
|
| Production of false, etc., competency test certificate |
47M. An individual riding a test‑needed‑to‑ride‑on‑road vehicle on a road who, in purported compliance with any order given to the individual under section 47L(1) by a police officer or duly authorised person —| (a) | produces to a police officer or duly authorised person —| (i) | a competency test certificate that is altered in a way that is calculated to deceive (whether or not it was already a false document before the alteration or it was altered by the individual), knowing that it is so altered; | | (ii) | an article resembling a competency test certificate and calculated to deceive, knowing that the article is not a competency test certificate; or | | (iii) | a competency test certificate that was not granted to the individual, knowing that it was not so granted to that individual; and |
| | (b) | with the intention of dishonestly inducing the police officer or duly authorised person to accept it as genuine, |
| commits an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. |
[12/2021] |
| Power to seize competency test certificate |
47N.—(1) A police officer or duly authorised person may, with no other authority than this section, seize a competency test certificate or an article resembling a competency test certificate if —| (a) | the competency test certificate or article is produced to the police officer or duly authorised person (as the case may be) pursuant to an order under section 47L(1) or otherwise, by an individual who represents it as a competency test certificate granted to that individual; and | | (b) | the police officer or duly authorised person (as the case may be) has reason to believe that —| (i) | the competency test certificate is unlawfully in the possession of that individual who produced it; or | | (ii) | the competency test certificate or article is evidence of the commission of an offence under section 47J(1) or 47M, or section 23H(1) or 47(6) of the Active Mobility Act 2017. [12/2021] |
|
(2) Every competency test certificate seized under subsection (1) must be forwarded to the relevant authority who issued the competency test certificate, and the relevant authority may —| (a) | return the competency test certificate to the individual who produced it, if the relevant authority is satisfied that the competency test certificate was lawfully in the possession of the individual who produced it; or | | (b) | in any other case, deal with it in such manner as the test authority thinks fit. [12/2021] |
|
| (3) However, the authority conferred by subsection (1) to seize a competency test certificate or any article resembling a competency test certificate does not extend to a mobile communication device or other electronic device on which a digital competency test certificate is displayed. [12/2021] |
|
| Division 3 — Miscellaneous |
[12/2021] | Rules for purposes of this Part |
48.—(1) The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and otherwise for the purpose of carrying this Part into effect and, in particular, may make rules —| (a) | to regulate the granting and renewal of driving licences under section 35 or competency test certificates under section 47H(1), to prescribe the form of application for and the contents of driving licences under section 35 or competency test certificates under section 47H(1), to prescribe the fees to be charged therefor and the manner of payment thereof; | | (b) | with respect to the nature of tests of competence to drive a motor vehicle or ride a road‑only PAB on roads, the administration of the tests of competence, and evidence of the result of attending and successfully completing any such test; | | (c) | to require a person submitting himself or herself for a test to provide a motor vehicle for the purpose thereof and to prescribe the fee to be charged for a test; | | (d) | to ensure that a person submitting himself or herself for a test and failing to pass that test is not eligible to submit himself or herself for another test by the same or any other person before the end of a prescribed period except under an order made by a court under the power conferred by section 36(7); | | (e) | to prescribe the record to be kept in respect of driving licences under section 35 or competency test certificates under section 47H(1); | | (f) | to provide special facilities for granting driving licences to persons not resident in Singapore; | | (g) | for modifying the provisions of this Part relating to the licensing of drivers of motor vehicles in the case of persons resident abroad and who enter Singapore intending to make only a temporary stay in Singapore; | | (h) | to make any particulars with respect to persons, who are disqualified from holding or obtaining driving licences or whose licences are suspended, available for use by the Deputy Commissioner of Police, to prevent a person holding more than one driving licence, to facilitate the identification of holders of driving licences, to provide for the issue of a new licence in the place of a driving licence lost or defaced on payment of a prescribed fee (if any) and in connection with driving licences generally; and | | (i) | to prescribe the circumstances in which a person may be required to be certified by a registered medical practitioner as fit to drive a vehicle, or may be required by the Deputy Commissioner of Police to pass any prescribed test of competence to drive, before the granting or renewal of the person’s driving licence. [28/2014; 12/2021] |
| (2) The Minister may by those rules confer on the Deputy Commissioner of Police a discretion to waive, in any particular case, the application of any of those rules to or in relation to any person subject to any conditions that the Deputy Commissioner of Police may impose. [28/2014] |
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| 49. Any person who is a member of the Singapore Armed Forces or the Singapore Civil Defence Force and is in possession of a certificate or document issued to him or her by the competent authority of the Singapore Armed Forces or the Singapore Civil Defence Force to drive a motor vehicle of a class or description specified in the certificate or document may drive a vehicle of the class or description specified in the certificate or document, the vehicle being in the possession of the Singapore Armed Forces or the Singapore Civil Defence Force, even though he or she has not been granted a driving licence under this Part. |
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