Unauthorised operation of bus depots or bus interchanges
Open ↗22.—(1) A person must not operate in Singapore a bus depot or bus interchange unless —(a)
the person is authorised by —(i)
a bus depot licence to operate the bus depot; or
(ii)
a bus interchange licence to operate the bus interchange;
(b)
the person is exempt from this section by or under this Act;
(c)
the person is the LTA; or
(d)
the person (called in this Act a bus depot or interchange subcontractor) is authorised to do so by contract with a person referred to in paragraph (a) or (b).
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 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.
Application for bus depot licence or bus interchange licence
Open ↗23.—(1) An application for a bus depot licence or bus interchange licence must be made to the LTA in accordance with this section.
(2) An application for a bus depot licence or bus interchange licence must —(a)
be in the form and manner that the LTA may determine; and
(b)
be accompanied by an application fee, if prescribed.
(3) The LTA may refuse to consider an application for a bus depot licence or bus interchange licence that is incomplete or not made in accordance with this section.
Grant of bus depot licence or bus interchange licence
Open ↗24.—(1) After considering any application for a licence under section 23, the LTA may —(a)
on payment of a licence fee (if prescribed), grant the bus depot licence or bus interchange licence applied for; or
(b)
refuse to grant the bus depot licence or bus interchange licence, as the case may be.
(2) In deciding whether an applicant should be granted a bus depot licence or bus interchange licence under subsection (1), and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, all of the following matters:(a)
whether the applicant is or is not a bus operator holding a Class 1 bus service licence;
(b)
whether the applicant does not have (or is unlikely to have) the financial capacity and ability to operate and maintain an adequate, satisfactory, safe and efficient bus depot or bus interchange at a bus depot site or bus interchange site (as the case may be) specified in the application;
(c)
whether the bus depot site or bus interchange site is fit to be used as a bus depot or bus interchange, as the case may be;
(d)
whether the applicant and, where necessary, whether —(i)
every member of the board of directors or committee or board of trustees or other governing body of an applicant which is a company, limited liability partnership or other body corporate; or
(ii)
every partner of an applicant that is a partnership,
is a suitable person to be involved in the management or operation of the bus depot or bus interchange in the application;
(e)
whether it is otherwise contrary to the public interest for the bus depot licence or bus interchange licence (as the case may be) to be granted to the applicant.
(3) For the purpose of determining whether or not a person referred to in subsection (2)(d) is a suitable person to be involved in the management or operation of a bus depot or bus interchange, the LTA must, having regard to the degree and nature of the person’s proposed involvement in the public bus system in Singapore, have regard to, and give such weight as the LTA considers appropriate to, all of the following matters:(a)
the person’s relevant knowledge, competency and experience;
(b)
any evidence of the exercise of any power under section 39 in relation to the person —(i)
for committing an offence under this Act; or
(ii)
for contravening any notice or direction given under this Act;
(c)
any conviction for committing —(i)
an offence under Part 5 of the Road Traffic Act 1961 or rules made under that Part in relation to buses, whether or not the offence was committed before 22 January 2016; or
(ii)
any other offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 22 January 2016.
(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.
Validity and renewal of bus depot licence or bus interchange licence
Open ↗25.—(1) Every bus depot licence or bus interchange licence granted under this Act is to be in the form that the LTA may determine.
(2) Every bus depot licence or bus interchange licence granted or renewed under this Act continues in force for the period specified in the licence, unless it is earlier revoked or suspended under section 39.
(3) The LTA may, on the application by a licensee holding a bus depot licence or bus interchange licence to renew the licence —(a)
grant a renewal of the bus depot licence or bus interchange licence on payment of a renewal fee or late renewal fee (if prescribed) and with or without adding to, deleting from or varying conditions of the licence; or
(b)
refuse to renew the bus depot licence or bus interchange licence, as the case may be.
(4) An application to renew a bus depot licence or bus interchange licence must be made no later than 3 months before the date of expiry of the licence (or the longer period prescribed in substitution), unless otherwise allowed by the LTA in any particular case which is to be treated as a late renewal application.
(5) Sections 23 and 24 apply, with the necessary modifications, to every application to renew a bus depot licence or bus interchange licence as if the application is for a grant of the bus depot licence or bus interchange licence.
(6) To avoid doubt, section 27 does not apply to or in relation to granting a renewal of a bus depot licence or bus interchange licence with additional, deleted or varied conditions of the licence.
Conditions of bus depot licence or bus interchange licence
Open ↗26.—(1) In granting a bus depot licence or bus interchange licence to any person (called in this section the licensee), the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act.
(2) Without limiting subsection (1), a bus depot licence to operate a bus depot, or a bus interchange licence to operate a bus interchange, may include conditions relating to —(a)
the extent, hours and general level of service at the bus depot or bus interchange;
(b)
the maintenance and operation of the bus depot or bus interchange and any equipment therein;
(c)
the security criteria for selecting persons engaged in any work at the bus depot or bus interchange;
(d)
the safety and security of persons using, or at work at, the bus depot or bus interchange;
(e)
requirements that the licensee must prepare itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;
(f)
the terms and conditions that the licensee can impose on the use of the bus depot or bus interchange —(i)
by employees, agents, tenants and contractors of the licensee;
(ii)
by licensed bus operators; or
(iii)
by members of the public; and
(g)
in the case of a bus interchange —(i)
the provision of travel information systems and directional signs for the purpose of ensuring integration of the bus interchange with transport services and facilities and developments surrounding the bus interchange so as to enhance passenger services; and
(ii)
the maximum fee that the licensee may charge for the use of the bus interchange by bus operators.
Modifying conditions of bus depot licence or bus interchange licence
Open ↗27.—(1) Subject to this section, it is lawful for the LTA to modify the conditions of a bus depot licence or bus interchange licence without compensating the licensee to whom the licence is granted (called in this section the licensee).
(2) Before modifying any conditions of a bus depot licence or bus interchange licence, the LTA must give notice to the licensee holding that licence —(a)
stating that the LTA proposes to make the modification in the manner as specified in the notice; and
(b)
specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representation to the LTA with respect to the proposed modification.
(3) Upon receiving any written representation mentioned in subsection (2), the LTA must consider that representation and may —(a)
reject the representation;
(b)
amend the proposed modification in such manner as the LTA thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(4) Where —(a)
the LTA rejects any written representation under subsection (3)(a);
(b)
the LTA amends any proposed modification to the conditions of the licence under subsection (3)(b); or
(c)
no written representation is received by the LTA within the time specified under subsection (2)(b), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification,
the LTA must issue a written direction to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA under subsection (3), as the case may be.
Restriction on transfer and surrender of bus depot licence or bus interchange licence
Open ↗28.—(1) A bus depot licence or bus interchange licence, and any right, benefit or privilege under the licence, is not transferable or assignable to any other person unless —(a)
the licence contains a condition authorising the transfer or assignment; and
(b)
the LTA consents in writing to the transfer or assignment.
(2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may, subject to section 27, include modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence.
(3) A transfer or an assignment, or purported transfer or assignment, of a bus depot licence or bus interchange licence, or of any right, benefit or privilege under the licence, is void and of no effect —(a)
if the licence is not capable of transfer or assignment;
(b)
the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or
(c)
if there has been, before the transfer or assignment or purported transfer or assignment, a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.
(4) Every bus depot licence or bus interchange licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of such a licence is void if it is without that written consent.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
