Public bus services contracts
Open ↗6.—(1) The LTA may enter into a public bus services contract with any person for the provision of one or more regular route services.
(2) In particular, the LTA may enter into a public bus services contract for the provision of one or more regular route services under subsection (1) with a person that is subject to a condition precedent that requires that person to obtain a bus service licence for that regular route service or services, as the case may be.
(3) The LTA may invite public bus services contracts by tender or in any other manner it thinks fit.
Contents of public bus services contracts
Open ↗7.—(1) A public bus services contract may relate to a particular area in Singapore or route wholly or partly within Singapore.
(2) However, a public bus services contract must —(a)
specify the term of the contract;
(b)
provide the manner in which the public bus operator who is party to the contract will be remunerated or gain revenue from the provision of the regular route service or services under the contract; and
(c)
specify the performance standards to be met by the public bus operator who is party to the contract in relation to the provision of regular route services under the contract.
(3) A public bus services contract may make provision in relation to the operation of any regular route service under the contract and the administration of the contract, including but not limited to —(a)
the variation of the contract, such as —(i)
to extend the service into developing areas in Singapore;
(ii)
for public safety;
(iii)
because of changed traffic conditions;
(iv)
to improve that regular route service in the public interest;
(v)
to address a serious or frequent failure on the part of the public bus operator under the contract to observe the terms and conditions of the contract; or
(vi)
to address the public bus operator under the contract having been found guilty of an offence under this Act committed during the term of the contract;
(b)
the fees (if any) payable under the contract;
(c)
monetary or other penalties —(i)
for a breach of the contract;
(ii)
for a failure (not being a breach of contract) to meet a requirement specified in the contract; or
(iii)
payable on the termination of the contract;
(d)
the records (including accounts) to be made and kept, and how they are to be made and kept; and
(e)
bonds for the performance of obligations or specified obligations under the contract.
(4) Subsection (3) does not limit the matters about which a public bus services contract may make provision.
Enforcement of performance standards in public bus services contracts
Open ↗8.—(1) Performance standards provided for by a public bus services contract are to be enforced by penalty provisions or in any other manner that the contract may provide.
(2) A person —(a)
who breaches a public bus services contract;
(b)
who fails (being not a breach of contract) to meet a requirement specified in a public bus services contract; or
(c)
who terminates a public bus services contract,
that is enforceable by a penalty provision is liable to pay, as a debt due to the LTA, an amount determined in accordance with the contract as the penalty for the breach, failure or termination, as the case may be.
(3) A public bus services contract may provide that an amount payable under a penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions.
(4) To avoid doubt, subsection (1) does not limit the provisions of a public bus services contract that may be enforced by penalty provisions.
(5) This section has effect despite any rule of, or principle at, common law.
Offer of further public bus services contract
Open ↗9.—(1) The LTA may enter into a further public bus services contract with a licensed bus operator on, before or after the end of the term of a public bus services contract with that bus operator only if the LTA decides that that operator’s performance under the public bus services contract (called in this section an existing public bus services contract) has been satisfactory.
(2) However, a further contract may be on the same or different terms.
(3) This section does not apply to an existing public bus services contract in relation to which an option to renew may be exercised under the contract, or an interim services contract.
(4) To avoid doubt, nothing in this Part confers a right to or expectation of a further public bus services contract.
Termination of public bus services contracts
Open ↗10.—(1) A public bus services contract is automatically terminated if —(a)
the public bus operator that is party to a contract with a condition precedent mentioned in section 6(2) ceases to hold the bus service licence for the regular route service or services specified in the contract; or
(b)
the operator contravenes section 17.
(2) To avoid doubt, subsection (1) does not limit the enforcement by penalty provisions in the public bus services contract for the termination of the contract.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
