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Duty of manufacturers and dealers to notify Registrar and owners of safety-related defects in vehicles

Road Traffic Act 1961

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Any person being a manufacturer or dealer of vehicles must, on becoming aware of any safety-related defect in any vehicle manufactured or sold by the person, cause a notice of the defect to be given to —(a)the Registrar;(b)each person who has obtained such a vehicle from the manufacturer or dealer; and(c)each current owner of such a vehicle as determined from —(i)any warranty issued by the manufacturer or dealer with respect to the functioning of the vehicle that has, to the knowledge of the manufacturer or dealer, been given, sold or transferred to the current owner; or(ii)the vehicle registration records as kept by the Registrar.(2) Where the Registrar is satisfied that the name of the current owner of a vehicle cannot reasonably be determined by a manufacturer or dealer in accordance with subsection (1)(c), the Registrar may —(a)order the manufacturer or dealer to give notice of the defect by publication in all daily newspapers in Singapore or by dissemination in such alternative medium for such period as the Registrar may determine; or(b)order that the current owner need not be notified.(3) A notice required to be given under subsection (1) or (2) must be in such form as the Registrar may require and must —(a)contain a description of the defect, an evaluation of the safety risk arising from it and the directions for rectifying it; and(b)state the time and place at which the person to whom the notice is given may present the person’s vehicle in order that the defect may be rectified by the manufacturer or dealer or the manufacturer’s or dealer’s agent.(4) Any manufacturer or dealer of vehicles who causes any notice to be given under subsection (1) or (2) in connection with any safety‑related defect in any vehicle manufactured or sold by the manufacturer or dealer must —(a)within a period of one month from the date on which the notice is given; and(b)thereafter, within any subsequent period that the Registrar may require,submit to the Registrar a report in such form and containing such information relating to the safety‑related defect and its rectification as the Registrar may require.(5) Any person who, being a manufacturer or dealer of vehicles —(a)fails to comply with the requirements of subsection (1), (3) or (4) or any order given by the Registrar under subsection (2)(a); or(b)fails to rectify or secure the rectification by the person’s agent of any safety-related defect in any vehicle that is presented for rectification pursuant to a notice given by the manufacturer or dealer under this section,shall be guilty of an offence and shall be liable on conviction —(c)to a fine not exceeding $2,000 for each vehicle in respect of which the offence is committed, subject to a maximum fine of $50,000; and(d)in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.(6) Despite the provisions of any written law to the contrary, a District Court or Magistrate’s Court has jurisdiction to try any offence under subsection (5) and to impose the maximum penalty prescribed therefor under that subsection.(7) Any person who, being the owner of a vehicle in respect of which a notice has been given by a manufacturer or dealer under this section, fails to produce the vehicle for rectification within the period specified in the notice or any other period that the Registrar may allow shall be guilty of an offence.(8) The Authority, with the approval of the Minister, may make rules for the purposes of carrying this section into effect.(9) In this section —“dealer” means a person who is engaged in the business of importing or selling vehicles;“safety-related defect”, in relation to a vehicle, means a feature of the design or construction of the vehicle that is liable to cause significant risk of personal injury or death to any person using the vehicle or any other road user, and includes any defect relating to a component of the vehicle that is bought by the manufacturer of the vehicle from a supplier and sold by the manufacturer of the vehicle together with the vehicle as original equipment.

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