/akn/sg/act/act/1974/PPA

Parking Places Act 1974

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Part 1

PRELIMINARY

Section 1

Short title

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This Act is the Parking Places Act 1974.

Section 2

Interpretation

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Amended [3/2017; 24/2018; 38/2018; 8/2020]

In this Act, unless the context otherwise requires —“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;“bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017;“design of parking facilities”, for any parking place, means the design of the physical features, plant or like equipment necessary for the parking or manoeuvring of vehicles in the parking place or both, and includes circulation aisles and access ramps;“driver” includes the person for the time being in charge or in control of a vehicle, and “drive” is to be construed accordingly;“enforcement officer”, in relation to any provision in this Act, means an officer or employee of the Authority who is appointed under section 3(4) as an enforcement officer for the purposes of that provision;“heavy vehicle” means —

(a)

any heavy goods vehicle or concrete mixer, the maximum laden weight of which exceeds 5,000 kilograms;

(b)

any bus with a seating capacity of more than 15 persons, not inclusive of the driver;

(c)

any trailer, container trailer, low loader or flat‑bed trailer, the maximum laden weight of which exceeds 5,000 kilograms; and(d)any mobile crane or recovery vehicle, the unladen weight of which exceeds 2,500 kilograms;“licence” means a licence to maintain or operate any private parking place for the parking or housing of one or more heavy vehicles granted under this Act;“licensee” means the holder of a valid licence;“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;“officer” means a public officer or an employee of a statutory body;“outsourced enforcement officer”, in relation to any provision of this Act or any subsidiary legislation made under this Act, means an individual who —

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or subsidiary legislation made under this Act, as the case may be; and(c)is acting within that authorisation;“park”, with its grammatical variations, means, in respect of a vehicle, to bring the vehicle to a stationary position and cause it to wait for any purpose;“parking lot” means an area within a parking place which is marked out for parking of a single vehicle in that area;“parking place” means any part of a road or any other place on or in which the parking of vehicles is authorised under section 4;“private footway” has the meaning given by the Street Works Act 1995;“private parking place” means any land or premises or part thereof owned or occupied by any person other than the Government and used for the parking or housing of —

(a)

one or more motor vehicles other than heavy vehicles; (b)one or more heavy vehicles, whether or not in addition to any motor vehicle which is not a heavy vehicle; or(c)one or more bicycles, power-assisted bicycles or personal mobility devices or a combination of such vehicles,but does not include any parking place provided under section 4;“public street” has the meaning given by the Street Works Act 1995;“statutory body” means a body corporate established or constituted by or under a public Act to perform or discharge a public function;“Superintendent” means the Superintendent of Car Parks or a Deputy or an Assistant Superintendent of Car Parks appointed under section 3;“traffic sign” has the meaning given by section 119 of the Road Traffic Act 1961;“trailer” means a vehicle drawn by a motor vehicle;“vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a bicycle, a power-assisted bicycle or a personal mobility device.

Definition

“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;

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Definition

“bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017;

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Definition

“design of parking facilities”, for any parking place, means the design of the physical features, plant or like equipment necessary for the parking or manoeuvring of vehicles in the parking place or both, and includes circulation aisles and access ramps;

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Definition

“driver” includes the person for the time being in charge or in control of a vehicle, and “drive” is to be construed accordingly;

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Definition

“enforcement officer”, in relation to any provision in this Act, means an officer or employee of the Authority who is appointed under section 3(4) as an enforcement officer for the purposes of that provision;

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Definition

“heavy vehicle” means —

(a)

any heavy goods vehicle or concrete mixer, the maximum laden weight of which exceeds 5,000 kilograms;

(b)

any bus with a seating capacity of more than 15 persons, not inclusive of the driver;

(c)

any trailer, container trailer, low loader or flat‑bed trailer, the maximum laden weight of which exceeds 5,000 kilograms; and(d)any mobile crane or recovery vehicle, the unladen weight of which exceeds 2,500 kilograms;

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Definition

“licence” means a licence to maintain or operate any private parking place for the parking or housing of one or more heavy vehicles granted under this Act;

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Definition

“licensee” means the holder of a valid licence;

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Definition

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

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Definition

“officer” means a public officer or an employee of a statutory body;

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Definition

“outsourced enforcement officer”, in relation to any provision of this Act or any subsidiary legislation made under this Act, means an individual who —

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or subsidiary legislation made under this Act, as the case may be; and(c)is acting within that authorisation;

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Definition

“park”, with its grammatical variations, means, in respect of a vehicle, to bring the vehicle to a stationary position and cause it to wait for any purpose;

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Definition

“parking lot” means an area within a parking place which is marked out for parking of a single vehicle in that area;

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Definition

“parking place” means any part of a road or any other place on or in which the parking of vehicles is authorised under section 4;

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Definition

“private footway” has the meaning given by the Street Works Act 1995;

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Definition

“private parking place” means any land or premises or part thereof owned or occupied by any person other than the Government and used for the parking or housing of —

(a)

one or more motor vehicles other than heavy vehicles; (b)one or more heavy vehicles, whether or not in addition to any motor vehicle which is not a heavy vehicle; or(c)one or more bicycles, power-assisted bicycles or personal mobility devices or a combination of such vehicles,but does not include any parking place provided under section 4;

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Definition

“public street” has the meaning given by the Street Works Act 1995;

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Definition

“statutory body” means a body corporate established or constituted by or under a public Act to perform or discharge a public function;

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Definition

“Superintendent” means the Superintendent of Car Parks or a Deputy or an Assistant Superintendent of Car Parks appointed under section 3;

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Definition

“traffic sign” has the meaning given by section 119 of the Road Traffic Act 1961;

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Definition

“trailer” means a vehicle drawn by a motor vehicle;

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Definition

“vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a bicycle, a power-assisted bicycle or a personal mobility device.

Amended [3/2017; 24/2018; 38/2018; 8/2020]
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Section 3

Administration of this Act

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Amended [24/2018; 8/2020]

(1)

The Authority is responsible for the general administration of this Act.

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(2)

The Authority must appoint one of its officers as the Superintendent of Car Parks who must carry out the duties assigned to the Superintendent of Car Parks by the Authority under this Act and any rules made under this Act.

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(3)

The Authority may appoint public officers and officers employed by other statutory bodies as Deputy Superintendents and Assistant Superintendents of Car Parks for the purposes of this Act.

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(4)

The Authority may —

(a)

in relation to any provision in this Act, appoint any of its officers or employees to be an enforcement officer for the purposes of that provision, either generally or in a particular case; and(b)delegate to any enforcement officer the exercise of all or any of the powers conferred or duties imposed upon the Authority by any provision in this Act (except the power of delegation conferred by this subsection), subject to such conditions or limitations as the Authority may specify; and any reference in that provision to the Authority includes a reference to such an enforcement officer.

Amended [24/2018; 8/2020]
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Part 2

PARKING PLACES

Section 4

Authority may provide parking places

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Amended [3/2017]

(1)

Where it appears to the Authority to be necessary to provide suitable parking places for vehicles, the Authority may provide such parking places in accordance with the provisions of this Act and such general or specific directions as the Minister may give, and for that purpose may —

(a)

utilise any land or premises which may lawfully be acquired or appropriated;

(b)

utilise any land or premises owned or occupied by any statutory body upon such terms and conditions as may be agreed upon between the Minister and the statutory body; or(c)permit any part of a road to be used as a parking place.

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(2)

The Authority must not permit any part of a road to be used as a parking place under subsection (1)(c) if —

(a)

the parking place is for the parking of personal mobility devices; or(b)the use of such part of the road as a parking place will unreasonably prevent access to any premises adjoining the road or to the use of the road by any person entitled to the use of the road, or will cause a nuisance to any person.

Amended [3/2017]
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(3)

The certificate of the Superintendent stating to the effect that any parking place named or described in the certificate is a parking place within the meaning of this Act is prima facie evidence for the purpose of any prosecution under this Act.

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(1)

A person must not maintain or operate any private parking place for the parking or housing of one or more heavy vehicles unless the person is a holder of a valid licence.

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(2)

The Authority may, by order in the Gazette —

(a)

permit the use as a private parking place of any land or premises with respect to which an agreement has been made between the Superintendent and the owner or the occupier thereof for the use of the land or premises as a private parking place; and(b)prescribe the manner in which a licensee must maintain or operate a licensed private parking place.

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(3)

The Superintendent or any person authorised by the Superintendent may manage and superintend any private parking place referred to in subsection (2)(a).

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Section 5A

Power to require maintenance, etc., of parking place

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Amended [3/2017; 8/2020]Amended [3/2017]Amended [3/2017]Amended [3/2017]

(1)

Where, in the opinion of the Superintendent, any private parking place for the parking of bicycles, power-assisted bicycles or personal mobility devices on any land or premises —

(a)

has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition;

(b)

has been discontinued without the permission of the Superintendent; or(c)has been altered (whether by repair or otherwise) so as to render the parking place to be non‑compliant with any rules made under section 22,the Superintendent may, by notice, require the owner or the occupier of the land or premises to carry out such repairs, work or alteration to the parking place, or to reinstate the parking place (as the case may be) as the Superintendent thinks fit to be carried out.

Amended [3/2017; 8/2020]
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(2)

A notice under subsection (1) must specify —

(a)

the manner in which the repairs, work, alteration or reinstatement specified in the notice is to be carried out;

(b)

the time within which the repairs, work, alteration or reinstatement must be completed; and(c)that the repairs, work, alteration or reinstatement must be carried out with due diligence to the satisfaction of the Superintendent.

Amended [3/2017]
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(3)

If a notice under subsection (1) is not complied with to his or her satisfaction, the Superintendent may —

(a)

carry out or cause to be carried out all or any of the repairs, work, alteration or reinstatement specified in that notice; and(b)recover all expenses reasonably incurred by the Superintendent in the exercise of the Superintendent’s powers under this section from the person in default.

Amended [3/2017]
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(4)

Without affecting the right of the Superintendent to exercise the powers under subsection (3), if any person on whom a notice under subsection (1) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person 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 3 months or to both and, 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.

Amended [3/2017]
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Section 6

Adaptation of land for use as parking place

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Amended [44/99]

The Authority may take such steps as may be necessary to adapt for use as a parking place any land not being part of a road which it may utilise for that purpose under this Act.

Section 6A

Layout, etc., of parking lots in private parking places

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Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

The owner or occupier of —

(a)

any land or premises on which any private parking place is, on or after 8 May 2018, provided; or(b)any land or premises on which any development (within the meaning of the Planning Act 1998) is or is to be carried out and in respect of which —

(i)

written permission is granted on or after 8 May 2018; or(ii)an application for approval of a proposal or plan for the provision of parking lots is pending on that date,must provide and maintain the private parking place provided or to be provided on the land or premises only in accordance with the applicable requirements for parking places.

Amended [24/2018]
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(2)

In subsection (1), “applicable requirement for parking places”, for any land or premises mentioned in that subsection, means any of the requirements as to layout, arrangement, dimensions, area and number of parking lots, or to the design of parking facilities for a private parking place on the land or premises, which —

(a)

are specified in the proposal or plan for the provision of parking lots in the private parking place last approved (or deemed approved) by the Authority; or(b)are specified in the last waiver granted (or deemed granted) under section 6B in relation to the private parking place.

Amended [24/2018]
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(3)

The Authority may, in respect of a proposal or plan for the provision of parking lots in a private parking place, approve the proposal or plan in accordance with rules made (or deemed made) under section 22 or, subject to those rules, after having regard to, and giving such weight as the Authority considers appropriate to, all of the following matters:

(a)

the proximity and accessibility of the land or premises to other forms of public passenger transport facilities; (b)the availability of other parking places in the vicinity of the land or premises;

(c)

traffic flow around the land or premises and the road capacity;

(d)

access to roads, public streets, private footways and public paths;

(e)

such other matters and evidence as may be relevant.

Amended [24/2018]
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(4)

The Authority may, by an infringement notice, require the owner or occupier of the land or premises mentioned in subsection (1) to carry out such works to the land or premises or any part of it, and to take such other measures specified in the notice, as the Authority thinks fit to rectify any contravention of that subsection.

Amended [24/2018]
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(5)

A person who contravenes or fails to comply with an infringement notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.

Amended [24/2018]
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(6)

In this section, a reference to a proposal or plan for the provision of parking lots in a private parking place includes a reference to a proposal or plan to change —

(a)

the number of parking lots in the private parking place; (b)the layout, arrangement, dimensions or area of any parking lot in the private parking place; or(c)the design of parking facilities in that private parking place,and change includes the making of a material change in the use as a parking lot.

Amended [24/2018]
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Section 6B

Deficiency charge

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Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

The owner or occupier of any land or premises which is the subject of a development mentioned in section 6A(1)(b) may provide parking lots in a private parking place or proposed private parking place on the land or premises otherwise than in accordance with the requirements in rules made (or deemed made) under section 22 if —

(a)

the Authority waives the requirement in those rules because, in the opinion of the Authority, it would be unduly onerous or unreasonable for the owner or occupier to comply with that requirement; and (b)where the waiver affects the applicable number of parking lots, the owner or occupier pays to the Authority a deficiency charge.

Amended [24/2018]
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(2)

In determining whether to grant a waiver in relation to any private parking place or proposed private parking place on any land or premises, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:

(a)

the proximity and accessibility of the land or premises to other forms of public passenger transport facilities;

(b)

the availability of other parking places in the vicinity of the land or premises;

(c)

traffic flow around the land or premises and the road capacity;

(d)

access to roads, public streets, private footways and public paths;

(e)

the physical topography and location of the land or premises;

(f)

other regulatory requirements which the owner of the land or premises must also comply with in relation to the private parking place;

(g)

the safety of pedestrians, drivers, riders and other road and public path users;

(h)

such other matters and evidence as may be relevant.

Amended [24/2018]
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(3)

The deficiency charge is an amount calculated in the manner prescribed, and must be paid into the Consolidated Fund.

Amended [24/2018]
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(4)

Despite anything in this section, no deficiency charge is payable in respect of a private parking place or class of private parking places which, or any person who, is exempt from section 6A because of an exemption under section 21.

Amended [24/2018]
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(5)

In subsection (1), “applicable number of parking lots”, for any land or premises which is the subject of a development mentioned in section 6A(1)(b), means the requirement relating to the number of parking lots which is prescribed in rules made (or deemed made) under section 22.

Amended [24/2018]
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Section 7

Authority not liable for loss or damage

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The exercise by the Authority or the Superintendent of their respective powers under this Act with respect to the use as a parking place or otherwise of any part of a road or any other place does not render the Government, the Authority or the Superintendent subject to any liability in respect of —

(a)

any loss or damage to any vehicle or the fittings or contents of any vehicle parked in such parking place or otherwise; or(b)any injury or death suffered by any person in such parking place or otherwise.

Part 3

PART 3

Section 8

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8A

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8B

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8C

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8D

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8E

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8F

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8G

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8H

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8I

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8J

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8K

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8L

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8M

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8N

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8O

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8P

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8Q

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8R

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8S

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Repealed / deleted

[Repealed by Act 8 of 2020]

Section 8T

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Repealed / deleted

[Repealed by Act 8 of 2020]

Part 4

PARKING CHARGES

Section 9

Parking charges for parking place provided under section 4

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Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

The Superintendent may at any time —

(a)

fix the parking charge for parking of a vehicle in any parking place provided under section 4; (b)change any parking charge fixed under paragraph (a) in accordance with this section;

(c)

waive in any particular case the payment of the whole or part of any parking charge; and(d)refund the whole or part of any parking charge paid in error or overpaid.

Amended [24/2018]
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(2)

The Superintendent may fix different parking charges —

(a)

for different parking places; (b)for different types of vehicles; (c)for parking at different times; and(d)for different payment methods.

Amended [24/2018]
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(3)

Where a parking charge is fixed or changed by the Superintendent under subsection (1), the Superintendent must —

(a)

give public notice of the fixing or change (as the case may be) of the parking charge;

(b)

specify in the public notice mentioned in paragraph (a) the parking charge or changed parking charge (as the case may be) and the parking place, vehicle or time (as the case may be) to which it applies, and the date which the parking charge or the changed parking charge takes effect; and(c)except for season parking charges, ensure that, so long as the parking charge or changed parking charge is in effect, the parking charge or changed parking charge (as the case may be), and the following information (where applicable), are displayed on one or more traffic signs erected at every entrance to the parking place, or in a conspicuous location within the parking place so that the traffic signs may be easily seen and read:

(i)

information indicating the period of time for which parking is permitted in that parking place;

(ii)

information indicating the times when a vehicle may be parked in accordance with the sign;

(iii)

information indicating that parking is reserved for vehicles belonging to the class of vehicles referred to in the sign.

Amended [24/2018]
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(4)

The public notice required by subsection (3)(a) must be given in all or any of the following ways:

(a)

by causing it to be published in the daily newspapers circulating in Singapore in all the official languages;

(b)

by making accessible the information mentioned in subsection (3)(b) —

(i)

in the case of any parking place maintained or operated by a statutory body except the Authority, on the statutory body’s website; and(ii)in all other cases, on the Authority’s website; (c)by causing it to be published in any other manner that the Superintendent considers will secure adequate publicity for the parking charge fixed or changed.

Amended [24/2018]
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(5)

No parking charge and no change to any parking charge has any effect until the notice relating to it is published in accordance with subsection (4).

Amended [24/2018]
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(6)

An instrument setting out any parking charge fixed or changed under this section does not have legislative effect.

Amended [24/2018]
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(7)

In any proceedings relating to the recovery or non-payment of any parking charge, a certificate purporting to be issued by the Superintendent certifying the amount of the parking charge due and payable by a person is prima facie evidence that the amount of parking charge so stated is due and payable by the person so named in the certificate as at the date of the certificate.

Amended [24/2018]
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(8)

In this section —

(a)

a reference to a parking charge includes a reference to a season parking charge, and a surcharge which is payable if a parking charge is not paid within a specified time; and(b)a reference to the Superintendent in relation to a parking place provided under section 4 maintained or operated by a statutory body includes a reference to a Deputy Superintendent or an Assistant Superintendent who is an officer employed by the statutory body.

Amended [24/2018]
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Section 9A

Collection of parking charges

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Amended [24/2018]

All charges paid in connection with the use of any parking place maintained or operated by a statutory body under the provisions of this Act must be paid to that statutory body unless —

(a)

otherwise agreed between the Minister and that statutory body; or(b)otherwise directed by the Minister.

Part 5

ADMINISTRATION AND ENFORCEMENT

Section 10

Plying for hire prohibited within parking place

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(1)

While any vehicle is within a parking place which has not been appointed a public stand under section 109 of the Road Traffic Act 1961, it is not lawful for the driver or conductor of the vehicle or for any person employed in connection with the vehicle to ply for hire or to accept passengers for hire.

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(2)

Any person who acts in contravention of this section shall be guilty of an offence.

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Section 11

Parking places to be indicated by traffic signs

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(1)

When the Authority permits any part of a road to be used as a parking place, the Authority must cause the parking place to be indicated by means of traffic signs.

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(2)

In this section, “traffic signs” has the meaning given by section 119 of the Road Traffic Act 1961.

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Section 12

Composition of offences

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Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018; 8/2020]

(1)

The relevant officer may compound any offence under this Act or any subsidiary legislation made under this Act that is prescribed as being an offence that may be compounded by doing one or both of the following:

(a)

by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts: (i)one half of the amount of the maximum fine that is prescribed for the offence;

(ii)

$5,000;

(b)

by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as are specified in an offer of composition (called conditions of composition) by the relevant officer, with the concurrence (general or specific) of the Public Prosecutor.

Amended [24/2018]
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(2)

On payment of the sum of money or meeting the requirement in subsection (1)(a) or (b) or both, no further proceedings are to be taken against that person in respect of the offence.

Amended [24/2018]
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(3)

All sums collected under this section must be paid into the Consolidated Fund.

Amended [24/2018]
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(4)

In this section, “relevant officer”, for an offence that is prescribed as being an offence which may be compounded, means the Superintendent where the offence is an offence under any other provision of this Act or any other subsidiary legislation made under this Act.

Amended [24/2018; 8/2020]
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Section 13

Duty to give information

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Amended [3/2017]Amended [3/2017; 24/2018]Amended [12/2021]Amended [3/2017]Amended [3/2017]

(1)

Where the driver or the conductor of a vehicle is alleged or is suspected to be guilty of an offence under this Act or any rules made under this Act —

(a)

the owner of the vehicle must furnish any information required by the Superintendent or an officer authorised by the Superintendent to act in that behalf as to the identity and address of the person who was the driver or conductor of that vehicle at or about the time of the alleged offence, and as to the driving licence held by that person (if necessary); and(b)any other person who was or should have been in charge of the vehicle must, if so required under paragraph (a), give any information which is in the person’s power to give, and which may lead to the identification of the driver.

Amended [3/2017]
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(2)

Any owner of a vehicle or any other person who fails to furnish the information required from him or her under subsection (1)(a) or (b) (as the case may be) within 14 days after the date on which the information was required from him or her shall be guilty of an offence unless he or she proves, to the satisfaction of the court, that he or she did not know and could not with reasonable diligence have ascertained the information required.

Amended [3/2017; 24/2018]
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(3)

A person required under subsection (1) by the Superintendent or an officer authorised by the Superintendent to act in that behalf to give information commits an offence if —

(a)

the person —

(i)

provides, or causes or permits to be provided, any information in connection with the requirement, which is false or misleading in a material particular; and(ii)knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or(b)the person intentionally alters, suppresses or destroys any information which the person is required under subsection (1) to give, for the purpose of not leading to the identification of the driver,and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended [12/2021]
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(4)

The Superintendent or any officer authorised by the Superintendent to act in that behalf may require any information to be furnished under subsection (1) to be in writing signed by the person required to furnish the information.

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(5)

Despite any other written law, any information given under this section by any person charged with an offence under this Act or any rules made under this Act or an offence in connection with the driving of a vehicle may be used as evidence without proof of signature at the hearing of the charge.

Amended [3/2017]
Suggest a correction

(6)

Despite any other written law, any statement made by any person to the Superintendent or any officer authorised by the Superintendent under this section that a vehicle was on a particular occasion being driven by or belonged to that person or that it belonged to a firm in which that person also stated that that person was a partner or to a corporation of which that person stated that that person was a director, an officer or an employee is admissible in evidence without proof of signature for the purpose of determining by whom the vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.

Amended [3/2017]
Suggest a correction

Section 14

Liability of owner of vehicles for parking offences

Suggest a correction
Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under this Act in all respects as if the person were the actual offender guilty of the parking offence unless —

(a)

the person satisfies the Superintendent that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or(b)the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.

Suggest a correction

(2)

Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation to that offence.

Suggest a correction

(3)

Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner —

(a)

within 14 days after service on the owner of a notice alleging that the owner has been guilty of the offence, furnishes by statutory declaration to the Superintendent the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;

(b)

satisfies the Superintendent that the owner did not know and could not with reasonable diligence have ascertained such name and address; or(c)satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address.

Amended [24/2018]
Suggest a correction

(4)

A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named in the statutory declaration and in respect of the parking offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.

Suggest a correction

(5)

A statutory declaration which relates to more than one parking offence must not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).

Suggest a correction

Definition

“owner”, in relation to a motor vehicle, means —

(a)

for a motor vehicle which is registered under the Road Traffic Act 1961 —

(i)

each person in whose name the vehicle is registered under the Road Traffic Act 1961 unless the person has sold or ceased to have possession of the vehicle and has complied with the provisions of the rules applicable in regard to the sale or disposal; (ii)each person, although not a registered owner of the vehicle, who is a sole or joint owner of the vehicle unless that person has sold or ceased to have possession of that vehicle; or(iii)if any such registered owner has sold or ceased to have possession of the vehicle, any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle;

(b)

for a motor vehicle that is unregistered, the person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle;

(c)

for a motor vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued; or(d)for a motor vehicle which is the subject of a hiring agreement or hire-purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;

Suggest a correction

Definition

“parking offence” means an offence of parking a vehicle or causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under this Act.

Amended [24/2018]
Suggest a correction

(7)

For the purposes of the definition of “owner” in subsection (6), a person is taken not to have ceased to have possession or (as the case may be) not to have acquired possession of a vehicle where a change of possession occurs by way of —

(a)

any hiring (not being a hiring under a hire-purchase agreement) or lending of the vehicle; or(b)the passing of the possession of the vehicle to a bailee for the purpose of sale or disposal or for the purpose of alteration, repair, renovation, storing or other like purpose involving the use or operation of the vehicle for the benefit of the bailee.

Amended [24/2018]
Suggest a correction

Section 15

Removal and detention, etc., of abandoned or illegally parked vehicles

Suggest a correction
Amended [24/2018]Amended [24/2018; 38/2018; 8/2020]Amended [24/2018; 38/2018]Amended [24/2018; 38/2018]Amended [24/2018]Amended [24/2018]Amended [34/93]Amended [38/2018]Amended [38/2018; 8/2020]Amended [38/2018]Amended [38/2018; 8/2020]Amended [38/2018]Amended [38/2018]Amended [24/2018; 38/2018]Amended [24/2018]Amended [24/2018; 38/2018]

(1)

Where a vehicle —

(a)

has been permitted to remain at rest in a parking place in such a position or in such condition or circumstances as to appear to the Superintendent or an authorised officer to have been abandoned without lawful authority;

(b)

is parked in a parking place in contravention of any provision of this Act or any rules made under this Act; or(c)being owned by a person against whom a warrant of arrest is in force, is parked in a parking place,the Superintendent or authorised officer may —

(d)

remove the vehicle to a place of safety or any other place and detain it at the place of safety or any other place; or(e)prevent the removal of the vehicle from the parking place without his or her consent by fixing an immobilisation device to the vehicle.

Amended [24/2018]
Suggest a correction

(2)

Where a vehicle (within the meaning given by the Shared Mobility Enterprises (Control and Licensing) Act 2020) has been permitted to remain at rest in a public place (also within the meaning given by that Act) —

(a)

in such a position or in such condition or circumstances as to appear to the Authority or an enforcement officer or outsourced enforcement officer to have been abandoned; (b)is evidence of the commission of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act; or (c)is parked in contravention of any provision of this Act or any subsidiary legislation made under this Act, or any other written law,an enforcement officer or outsourced enforcement officer may remove the vehicle to a place of safety or any other place and detain it at the place of safety or any other place.

Amended [24/2018; 38/2018; 8/2020]
Suggest a correction

(3)

Where the Superintendent or an authorised officer, enforcement officer or outsourced enforcement officer has removed any vehicle to a place of safety or any other place under subsection (1)(d) or (2) or fixed an immobilisation device to the vehicle under subsection (1)(e), the Superintendent, authorised officer, enforcement officer or outsourced enforcement officer (as the case may be) must, with all reasonable despatch, give written notice to the owner of the vehicle (if known) as to the procedure by which the owner may secure the release of the vehicle, and the notice must be served on the owner of the vehicle —

(a)

in the case where the Superintendent or an authorised officer, enforcement officer or outsourced enforcement officer has removed the vehicle to a place of safety or any other place, in accordance with section 18; or(b)in the case where the Superintendent or authorised officer has fixed an immobilisation device to the vehicle, by affixing the notice onto the windscreen or any other conspicuous part of the vehicle.

Amended [24/2018; 38/2018]
Suggest a correction

(4)

A vehicle which has been removed and detained or to which an immobilisation device has been fixed in accordance with this section must not be released to the owner of the vehicle except —

(a)

by or under the direction of the Superintendent or an authorised officer or enforcement officer; and(b)upon the owner of the vehicle having paid all expenses incurred by the Superintendent or the authorised officer, enforcement officer or outsourced enforcement officer, and any other charges that may be imposed under this Act or any rules made under this Act,and the vehicle shall remain at the risk of the owner of the vehicle until all the expenses and charges mentioned in paragraph (b) have been paid.

Amended [24/2018; 38/2018]
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(5)

Where, under subsection (1)(c), the Superintendent or an authorised officer has removed a vehicle to a place of safety or any other place or fixed an immobilisation device to a vehicle, the Superintendent or authorised officer may refuse to release the vehicle unless the Superintendent or authorised officer is satisfied that the owner of the vehicle has been arrested or has surrendered himself or herself to a police officer or the warrant of arrest in force against the owner has been cancelled by a court.

Amended [24/2018]
Suggest a correction

(6)

Any person who, without the authority of the Superintendent or an authorised officer, removes or tampers with any notice affixed to a vehicle under subsection (3)(b) shall be guilty of an offence.

Amended [24/2018]
Suggest a correction

(7)

Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove —

(a)

any vehicle from any place at which it is being detained under this section; or(b)an immobilisation device fixed to a vehicle in accordance with this section,shall be guilty of an offence.

Amended [34/93]
Suggest a correction

(8)

Subject to this section, every vehicle that is removed to a place of safety or any other place under subsection (2)(a) or (b) is liable to forfeiture under this section.

Amended [38/2018]
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(9)

An order for the forfeiture under this section may be made by the Authority if it is satisfied —

(a)

for a vehicle which is removed to a place of safety or any other place under subsection (2)(a), that at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to any offence involving that vehicle; and(b)for a vehicle which is removed to a place of safety or any other place under subsection (2)(b), that the vehicle was the subject matter, or was used in the commission, of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act, and —

(i)

a person is convicted of the offence;

(ii)

a person who is reasonably suspected of having committed the offence has that offence compounded under section 12 of this Act or section 37 of the Shared Mobility Enterprises (Control and Licensing) Act 2020, as the case may be; or(iii)at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to that offence.

Amended [38/2018; 8/2020]
Suggest a correction

(10)

Upon receipt of a claim mentioned in subsection (9)(a) or (b)(iii), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate.

Amended [38/2018]
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(11)

The Magistrate must, on receipt of any information under subsection (10), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act, order the vehicle to be forfeited, or may in the absence of such proof order its release.

Amended [38/2018; 8/2020]
Suggest a correction

(12)

In any proceedings under subsection (11), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be.

Amended [38/2018]
Suggest a correction

(13)

In any proceedings in any court in respect of the forfeiture of any vehicle removed in exercise or the purported exercise of any power conferred under subsection (2)(a) or (b), no person is entitled to the costs of those proceedings or to any damages or other relief except an order for the return of the vehicle, unless the removal was made without reasonable or probable cause.

Amended [38/2018]
Suggest a correction

(14)

Where any vehicle which has been removed and detained or to which an immobilisation device has been fixed in accordance with this section is not earlier forfeited under this section and is not claimed by its owner within one month of the date of its detention or immobilisation, the Superintendent or an authorised officer or enforcement officer may, after giving one month’s notice in the Gazette of his or her intention to do so, sell the vehicle by public auction or otherwise dispose of the vehicle in any manner as he or she thinks fit.

Amended [24/2018; 38/2018]
Suggest a correction

(15)

Where a vehicle has been sold or otherwise disposed of under subsection (14), the proceeds of the sale or disposal of the vehicle are to be applied in payment of any expenses incurred in carrying out the provisions of this section and thereafter are to be applied in payment of all charges and fines payable under this Act and any rules made under this Act and the surplus (if any) must be paid to the owner of the vehicle, or if not claimed by the owner of the vehicle within 12 months of the date of the sale or disposal, must be forfeited to the Authority.

Suggest a correction

(16)

The Superintendent may waive, in whole or in part, any expense or charge payable under subsection (4).

Amended [24/2018]
Suggest a correction

Definition

“authorised officer” means an officer of a statutory body authorised by the Superintendent for the purpose of this section;

Suggest a correction

Definition

“immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or an appliance of a type approved by the Superintendent for use for that purpose in accordance with this section;

Suggest a correction

Definition

“owner”, in relation to a vehicle, has the meaning given by section 14, and “owned” is to be construed accordingly;

Suggest a correction

Definition

“warrant of arrest” means a warrant of arrest issued by a court against a person in connection with any offence committed by the person under —

(a)

this Act or any rules made under this Act; or (b)the Road Traffic Act 1961 or any rules made under that Act.

Amended [24/2018; 38/2018]
Suggest a correction

Section 15A

Power to require information

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The Authority or the Superintendent may require any owner or occupier of a private parking place to furnish any information relating to the private parking place that the Authority or the Superintendent considers necessary or expedient for the performance of the functions or duties of the Authority or the Superintendent under this Act.

Section 15B

Power of entry

Suggest a correction
Amended [3/2017]Amended [3/2017]

(1)

The Superintendent or any person authorised by the Authority or the Superintendent (called in this section an authorised person) may —

(a)

for the purpose of ascertaining whether there is or has been a contravention of any provision of this Act or any rules made under this Act; or(b)for any other purpose incidental to or in connection with the performance of the functions or duties of the Authority or the Superintendent under this Act,enter any private parking place between the hours of 8 a.m. and 6 p.m. to make any survey or inspection without being liable to any legal proceedings or molestation on account of such entry or any thing done in such private parking place.

Suggest a correction

(2)

A person must not, except with the consent of the owner or occupier of a private parking place, enter the parking place by virtue of the powers conferred by subsection (1) without at least 6 hours’ previous notice being given to the owner or occupier of the private parking place, if any.

Suggest a correction

(3)

Despite subsection (1), where it is necessary or expedient to make any survey or inspection outside the hours specified in subsection (1), the Superintendent or any authorised person may enter any private parking place by giving at least 6 hours’ previous notice to the owner or occupier of the private parking place.

Suggest a correction

(4)

The Superintendent or an authorised person may do any of the following, without involving any search of any property or individual, for the purposes of a survey or inspection under this section:

(a)

photograph or film, or make audio recordings or make sketches of, any part of the premises, or any vehicle or parts of a vehicle or other thing at the premises;

(b)

require any person on those premises to produce or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1), which are in the possession or under the control of that person;

(c)

inspect and make copies of or take extracts from any such document;

(d)

take possession of such a document if, in the opinion of the Superintendent or authorised officer —

(i)

the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession;

(ii)

the document may be interfered with or destroyed unless possession is taken; or(iii)the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act.

Amended [3/2017]
Suggest a correction

(5)

The power to require a person to furnish any document or information under subsection (4)(b) includes the power —

(a)

to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; (b)if the document or information is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the Superintendent or authorised officer in legible form.

Amended [3/2017]
Suggest a correction

Section 15C

False information in applications, etc.

Suggest a correction
Amended [24/2018]Amended [24/2018]

(1)

If a person —

(a)

in relation to an application for any licence, permit, approval or certificate by the person or any other person under this Act or any subsidiary legislation made under this Act; or(b)in relation to any modification of a condition of any licence, permit, approval or certificate (whether or not procuring for the benefit of the person or any other person) under this Act or any subsidiary legislation made under this Act,furnishes or causes to be furnished any document or information which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence.

Amended [24/2018]
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(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended [24/2018]
Suggest a correction

Section 16

Penalty

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Any person who contravenes any of the provisions of this Act or any rules or orders made under this Act shall be guilty of an offence and shall be liable on conviction, where no special penalty is provided, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, 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.

Section 17

Offences by corporations

Suggest a correction
Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

Where, in a proceeding for an offence under this Act or any of its subsidiary legislation, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —

(a)

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and(b)the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

Amended [24/2018]
Suggest a correction

(2)

Where a corporation commits an offence under this Act or any of its subsidiary legislation, a person —

(a)

who is —

(i)

an officer of the corporation; or(ii)an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and(b)who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence; (ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or(iii)knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

Amended [24/2018]
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(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.

Amended [24/2018]
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(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or(b)the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.

Amended [24/2018]
Suggest a correction

(5)

To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.

Amended [24/2018]
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Definition

“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;

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Definition

“officer”, in relation to a corporation, means any director, partner, chief executive officer, manager, secretary or other similar officer of the corporation, and includes —

(a)

any person purporting to act in any such capacity; and(b)for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

Suggest a correction

Definition

“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and(b)the person’s reasons for the intention, opinion, belief or purpose.

Amended [24/2018]
Suggest a correction

(7)

This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by a corporation before 1 May 2018.

Amended [24/2018]
Suggest a correction

Section 17A

Offences by unincorporated associations or partnerships

Suggest a correction
Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

Where, in a proceeding for an offence under this Act or any of its subsidiary legislation, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

(a)

an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and(b)the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.

Amended [24/2018]
Suggest a correction

(2)

Where an unincorporated association or a partnership commits an offence under this Act or any of its subsidiary legislation, a person —

(a)

who is —

(i)

an officer of the unincorporated association or a member of its governing body;

(ii)

a partner in the partnership; or(iii)an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership in relation to the commission of the offence; and(b)who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence; (ii)is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or the partnership; or(iii)knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the unincorporated association or the partnership, and shall be liable on conviction to be punished accordingly.

Amended [24/2018]
Suggest a correction

(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or the partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear.

Amended [24/2018]
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(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or(b)the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.

Amended [24/2018]
Suggest a correction

(5)

To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act or any of its subsidiary legislation, and applies whether or not that unincorporated association or that partnership is convicted of the offence.

Amended [24/2018]
Suggest a correction

Definition

“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —

(a)

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and(b)any person purporting to act in any such capacity;

Suggest a correction

Definition

“partner” includes a person purporting to act as a partner;

Suggest a correction

Definition

“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and(b)the person’s reasons for the intention, opinion, belief or purpose.

Amended [24/2018]
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(7)

This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by an unincorporated association or a partnership before 1 May 2018.

Amended [24/2018]
Suggest a correction

Section 18

Service of summons, etc.

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Amended [38/2018]Amended [38/2018]Amended [38/2018]Amended [38/2018]Amended [38/2018]

(1)

Every summons, notice, order or document required or authorised by this Act or any rules made under this Act to be served on any person may be served —

(a)

by delivering it to the person or to some adult member or employee of the person’s family at the person’s usual or last known place of residence or business;

(b)

by leaving it at the usual or last known place of residence or business of the person in a cover addressed to the person;

(c)

by sending it by registered post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or business or any address furnished by the person; or(d)in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of the notice in the Gazette.

Amended [38/2018]
Suggest a correction

(2)

In addition, any notice, order or document (other than a summons) required or authorised by this Act or any rules made under this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —

(a)

by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be;

(b)

by sending it by fax to whichever of the following is applicable:

(i)

the fax number last known as the fax number for the service of notices, orders or documents on the individual;

(ii)

the fax number used at the partnership’s business address;

(iii)

the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;

(c)

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the notice, order or document is available and how the addressee may use the addressee’s chosen means of access to access the contents of that notice, order or document; or(d)by any other method authorised by the rules made under section 22 for the service of notices, orders or documents of that kind if the recipient consents (expressly or impliedly) to service of a notice, order or document of that kind in that way.

Amended [38/2018]
Suggest a correction

(3)

Where any summons, notice, order or document is served on any person by registered post, it is deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and, in proving service of the same, it is sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post.

Suggest a correction

(4)

However, service of any notice, order or document under this Act or any rules made under section 22 on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.

Amended [38/2018]
Suggest a correction

(5)

Service of any notice, order or document under subsection (2)(a) or (b) takes effect —

(a)

if the notice, order or document is sent by email, at the time that the email becomes capable of being retrieved by the person; or(b)if the notice, order or document is sent by fax and a notification of successful transmission is received, on the day of transmission.

Amended [38/2018]
Suggest a correction

(6)

All notices, orders, receipts and other documents which the Superintendent is empowered to give by this Act or any rules made under this Act may be given by any officer duly authorised by the Superintendent.

Suggest a correction

(7)

Where any such notice, order or document requires authentication, the signature or a facsimile of the signature of the Superintendent or any officer duly authorised by the Superintendent affixed to the notice, order or document is sufficient authentication.

Suggest a correction

Definition

“business address” or “place of business” means —

(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore; or(b)in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

Suggest a correction

Definition

“chosen means of access”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means the addressee agrees with the person giving or serving the notice, order or document as the means by which the addressee may access the contents of that notice, order or document;

Suggest a correction

Definition

“chosen means of notification”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been served on the addressee;

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Definition

“email address” means the last email address given by the addressee concerned to the person giving or serving a notice, order or document as the email address for the service of notices, orders or documents under this Act or rules made under section 22.

Amended [38/2018]
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Section 19

Obstruction of Authority, Superintendent, etc.

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Amended [24/2018; 38/2018; 8/2020]

Any person who obstructs or hinders the Authority, the Superintendent, any enforcement officer, outsourced enforcement officer or any person acting in the discharge of his or her duty under this Act or any rules made under this Act 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 3 months or to both.

Section 20

Protection from personal liability

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Amended [24/2018; 38/2018; 8/2020]

No liability shall lie personally against the Superintendent of Car Parks, any Deputy Superintendents and Assistant Superintendents of Car Parks, an enforcement officer, an outsourced enforcement officer, any person acting under the direction of the Superintendent of Car Parks, a Deputy Superintendent or Assistant Superintendent of Car Parks, or an authorised officer within the meaning given by section 15 for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the execution or purported execution of this Act and any rules made under this Act.

Section 21

Power to exempt

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Amended [24/2018; 38/2018; 8/2020]

The Minister may, by order in the Gazette, exempt any private parking place or class of private parking places or any person or class of persons from the provisions of this Act or any rules made under this Act.

Section 22

Rules

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Amended [24/2018]Amended [24/2018]Amended [24/2018]

(1)

The Authority may, with the approval of the Minister, make rules necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Amended [24/2018]
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(2)

Without limiting subsection (1), the Authority may, with the approval of the Minister, make rules —

(a)

regulating the use of parking places and private parking places, including —

(i)

controlling the type or class of vehicles which may park in different parking places or private parking places;

(ii)

prohibiting or restricting the activities which may take place in parking places and private parking places; and(iii)prescribing the conditions upon and the times during which parking of vehicles or other activities are permitted to take place in parking places and private parking places;

(b)

requiring private parking places to be provided for any land or building and its layout, including prescribing —

(i)

the layout, arrangement, dimensions or area of each parking lot in the private parking place and the design of parking facilities in the private parking place;

(ii)

the maximum or minimum dimensions or area of each parking lot in the private parking place;

(iii)

the maximum or minimum number or a number range, or a maximum rate of increase or decrease or a minimum rate of increase or decrease, in the number of parking lots for the private parking place;

(iv)

different layout, arrangement, dimensions or area of parking lots and different designs of parking facilities, in the private parking place for different types of vehicles which may park in the private parking place and in different circumstances or for different classes of land or premises; or(v)different maximum or minimum numbers or different number ranges, or different maximum rates of increase or decrease or different minimum rates of increase or decrease, in the number of parking lots for different types of vehicles, different circumstances or different classes of land or premises;

(c)

regulating the operation of private parking places, garages and places kept or used for the housing or parking of vehicles, except garages or places used in connection with private dwelling houses for housing or parking vehicles kept for private use only;

(d)

regulating the parking of heavy vehicles in any parking place, by the issue of vehicle parking certificates or such other documents entitling the holder to park a heavy vehicle in a parking lot in the parking place; (e)providing for the calculation of the deficiency charge mentioned in section 6B, including —

(i)

prescribing different rates and methods of calculation of the charge;

(ii)

prescribing circumstances for the deferment of liability to pay the charge;

(iii)

prescribing the procedure to apply to the Authority to determine the amount of a deficiency charge; or (iv)providing for the remission or the refund, wholly or in part, of the charge payable or paid by any person; and(f)prescribing the fees to be paid for the Superintendent or Authority for doing anything under this Act or the rules.

Amended [24/2018]
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(3)

All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Amended [24/2018]
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