Division 1 — Fuel economy labelling, etc., of motor vehicles
Interpretation of this Division
39. In this Division, unless the context otherwise requires —“authorised dealer” means a person who is appointed to sell a vehicle in Singapore under a distributorship agreement with the manufacturer of the vehicle;
“batch type-approval”, “modified type-approval” and “type‑approval” have the meanings given by rule 3D of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules;
“FEL effective date” or “fuel economy and vehicular emissions labelling effective date”, in relation to any motor vehicle, means the date on which the motor vehicle becomes one of a class, description or type of motor vehicle specified in an order under section 40;
“sale” includes attempting to sell, causing or allowing to be sold, or displaying for sale;
“vehicular emission”, in relation to a motor vehicle, means any vehicular emission that is a prescribed vehicular emission under section 11AA of the Road Traffic Act 1961.[24/2017]
Motor vehicles subject to requirements on fuel economy and vehicular emissions
40. The Transport Minister may, after consultation with the Land Transport Authority, by order in the Gazette, declare any class, description or type of motor vehicle to be subject to the requirements on fuel economy and vehicular emissions in this Division from the date specified in the order.[24/2017]
Fuel economy and vehicular emissions certificate, data and testing
41.—(1) Any authorised dealer, manufacturer or importer of motor vehicles intending to sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date in respect of that motor vehicle shall —(a)
when applying for type-approval, batch type-approval or modified type-approval in respect of motor vehicles of that class, description or type, submit to the Registrar all of the following documents relating to the class, description or type of motor vehicle, in accordance with the prescribed requirements:(i)
a certificate relating to fuel economy issued by a standards organisation or an international authority recognised by the Registrar;
(ii)
data on fuel consumption and vehicular emissions (including vehicular emissions levels) measured or determined in accordance with such method or any method which meets such criteria as may be provided for in regulations made under section 62;
(iii)
such other information and documents relating to fuel economy and vehicular emissions as may be prescribed; and
(b)
if required by the Registrar —(i)
send one or more of the motor vehicles for such tests or inspections as the Registrar may specify; or
(ii)
provide to the Registrar any further documents or information that the Registrar may require in respect of those motor vehicles.[24/2017]
(2) The data required under subsection (1)(a)(ii) may be issued by a vehicle emission testing laboratory recognised by the Registrar.[24/2017]
(3) The Registrar may publish, in the form and manner the Registrar deems appropriate, the data submitted to the Registrar under subsection (1)(a)(ii).[24/2017]
Labelling of fuel economy and vehicular emissions
42.—(1) A person must not, in the course of any trade or business, sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date for that motor vehicle, unless —(a)
throughout the period that the motor vehicle is displayed for sale, the motor vehicle bears the label on fuel economy and vehicular emissions, approved by the Registrar for that class, description or type of motor vehicle, in the prescribed manner; and
(b)
any printed promotional material or advertisement distributed by the person relating to the class, description or type of motor vehicle contains such information on fuel economy and vehicular emissions of the motor vehicle, in such form and manner, as may be prescribed for the type of material or advertisement being distributed.[24/2017]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
False statements, forging of documentation, etc.
43. Any person who —(a)
in relation to any submission to the Registrar under section 41, makes or causes to be made any statement or declaration which is false or misleading in any material particular;
(b)
makes or causes to be made any entry or omission in the information or documents submitted to the Registrar, which to the person’s knowledge is false or misleading in any material particular; or
(c)
forges any approval, certificate or data required to be submitted to the Registrar or any label on fuel economy and vehicular emissions mentioned in section 42,
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.
[24/2017]
Division 2 — Energy management practices for transport facility operators
Interpretation of this Division
44. In this Division, unless the context otherwise requires, “transport facility operator” means any transport facility operator declared, or which qualifies, by an order under section 45 to be such.
Transport facility operators
45.—(1) The Transport Minister may, by order in the Gazette —(a)
declare any airport service operator, land transport operator or port service operator to be a transport facility operator from the date specified in the order; or
(b)
declare any qualifications by which any airport service operator, land transport operator or port service operator qualifies as a transport facility operator.
(2) The order under subsection (1) may describe the qualifications of a transport facility operator, in terms of one or both of the following:(a)
a type of business activity or type of premises over which an airport service operator, a land transport operator or a port service operator has operational control;
(b)
an energy use threshold attained by a business activity, or by one or more premises, over which an airport service operator, a land transport operator or a port service operator has operational control.
Power of sector regulator to ascertain if entity is transport facility operator
46.—(1) The appropriate sector regulator may, for the purpose of ascertaining whether any airport service operator, land transport operator or port service operator qualifies as a transport facility operator, do all or any of the following:(a)
by written notice, require the airport service operator, land transport operator or port service operator, as the case may be, to —(i)
carry out any test or inspection that the sector regulator may specify; or
(ii)
provide to the sector regulator any report, document or information that the sector regulator may require in respect of any business activity or premises of the airport service operator, land transport operator or port service operator;
(b)
enter the premises of the airport service operator, land transport operator or port service operator (as the case may be) during normal business hours and carry out any test or inspection that a transport sector authorised officer of the sector regulator may think necessary.[23/2018]
(2) Any person who, without reasonable excuse, fails to comply with any requirement of the sector regulator under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Periodic reporting of energy use, etc.
47.—(1) Every transport facility operator shall, within the period and in the manner prescribed, prepare and submit to the appropriate sector regulator in accordance with subsection (2), a report relating to the —(a)
energy consumption;
(b)
energy production; and
(c)
greenhouse gas emissions,
from the operation of any business activity or premises or part thereof under the operational control of the transport facility operator during a prescribed period.
(2) A report under subsection (1) must —(a)
be in the form provided by the sector regulator;
(b)
contain data on the required information computed in accordance with such method as may be prescribed or any method which meets such criteria as may be prescribed; and
(c)
contain any other information that may be prescribed.
(3) The sector regulator may, in respect of any incomplete or inaccurate report from a transport facility operator, in writing direct the transport facility operator to do all of the following within the period specified in the direction:(a)
to carry out any rectification or re‑computation that the sector regulator requires;
(b)
to re-submit the report.
(4) Any transport facility operator which —(a)
fails to submit or re-submit a report under this section within the period delimited under this section or within any extended time that the sector regulator allows in any particular case;
(b)
fails to comply with any direction given by the sector regulator under subsection (3)(a); or
(c)
submits a false or misleading report,
shall be guilty of an offence.
Records to be kept
48.—(1) Every transport facility operator must keep and maintain complete and accurate records in the prescribed form and manner containing such information as may be prescribed —(a)
where the records are relevant to the preparation by the transport facility operator of complete and accurate reports under section 47 or energy efficiency improvement plans under section 49; and
(b)
where the records are relevant to monitoring and evaluating compliance by the transport facility operator with this Act.
(2) A transport facility operator must —(a)
retain the records mentioned in subsection (1) for the prescribed period; and
(b)
during that prescribed period, make available to any transport sector authorised officer of the sector regulator the records mentioned in subsection (1) for inspection whenever requested to do so by the transport sector authorised officer.
(3) A transport facility operator must submit any record, or provide any other document or information, that may be required by the sector regulator within the time specified by the sector regulator.
(4) Any transport facility operator which contravenes subsection (1), (2) or (3) shall be guilty of an offence.
Energy efficiency improvement plans
49.—(1) Unless granted a waiver under subsection (3), a transport facility operator must prepare and submit to the appropriate sector regulator, in accordance with subsection (2) and any other prescribed requirements, an energy efficiency improvement plan for a prescribed period in respect of any business activity or premises over which the transport facility operator has operational control.
(2) An energy efficiency improvement plan must —(a)
contain the information (including information on the implementation of any part of the plan) prescribed; and
(b)
be submitted at the prescribed intervals and within the prescribed period.
(3) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time or in respect of a specified business activity or specified premises or part thereof of the transport facility operator.
(4) The sector regulator may, in respect of any incomplete energy efficiency improvement plan, in writing direct the transport facility operator, within the time specified in the direction —(a)
to carry out any rectification or re‑computation that the sector regulator requires; and
(b)
to re-submit the energy efficiency improvement plan.
(5) Any transport facility operator which contravenes subsection (1) or fails to comply with a direction under subsection (4) shall be guilty of an offence.
Appointment of energy manager
50.—(1) Unless granted a waiver under subsection (5), every transport facility operator must appoint from among its employees the number of energy managers prescribed for that class, description or type of transport facility operator, each being an employee who has the prescribed qualifications and training to carry out all of the following functions:(a)
assist the transport facility operator —(i)
to prepare the report for submission under section 47;
(ii)
to maintain the records required under section 48;
(iii)
to prepare the energy efficiency improvement plan for submission under section 49 and implement the energy efficiency measures proposed in the energy efficiency improvement plan; and
(iv)
generally to comply with the provisions of this Act;
(b)
train and educate employees of the transport facility operator as to the energy conservation practices of the transport facility operator;
(c)
encourage energy conservation efforts by the transport facility operator;
(d)
carry out any other duties that may be prescribed.
(2) A transport facility operator must notify the appropriate sector regulator of every appointment of an energy manager within the prescribed period.
(3) Where the sector regulator is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the sector regulator may direct the transport facility operator to appoint another suitably qualified energy manager in place of the firstmentioned energy manager within a specified time, and the transport facility operator must comply with the direction.
(4) If any energy manager appointed under subsection (1) for any reason vacates his or her appointment —(a)
both the transport facility operator and the energy manager must each, within the prescribed period, notify the sector regulator of that fact; and
(b)
if the energy manager who vacates his or her office is the only energy manager of the transport facility operator, the transport facility operator must —(i)
without delay appoint under subsection (1) another energy manager in substitution of the firstmentioned energy manager; and
(ii)
within the prescribed period, notify the sector regulator of that substitute appointment.
(5) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time.
(6) Any transport facility operator which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.
Energy manager not to falsify data
51. Any energy manager appointed under section 50 who —(a)
in any report or energy efficiency improvement plan prepared for submission to the appropriate sector regulator under this Act, makes any statement which he or she knows to be false or misleading;
(b)
makes any entry or omission in any record required to be kept under this Act, which he or she knows to be false or misleading, or makes any record containing a statement which he or she knows to be false or misleading; or
(c)
falsifies any data required to be submitted to the appropriate sector regulator under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Penalties for non-compliance
52. A transport facility operator which is guilty of an offence under section 47, 48, 49 or 50 shall be liable —(a)
on the first conviction to a fine not exceeding $10,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
Division 3 — Powers of enforcement
Entering premises, etc., to monitor compliance
53. For the purposes of determining whether this Part has been complied with, a transport sector authorised officer of the appropriate sector regulator may, on declaration of his or her office and production to the person against whom he or she is acting of the identification card the sector regulator directs to be carried by its transport sector authorised officers —(a)
enter any premises owned or occupied by —(i)
an authorised dealer, manufacturer or importer of motor vehicles; or
(ii)
a transport facility operator,
during normal business hours without notice, or at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); and
(b)
exercise the powers set out in sections 54, 55 and 56.
Powers of transport sector authorised officers in monitoring compliance
54.—(1) A transport sector authorised officer of the appropriate sector regulator may exercise all or any of the following powers in relation to premises under section 53:(a)
search the premises for any thing that may relate to compliance with this Part;
(b)
examine any activity conducted on the premises that may relate to information provided for the purposes of this Part;
(c)
examine any thing on the premises that may relate to information provided for the purposes of this Part;
(d)
take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;
(e)
affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises;
(f)
inspect any document on the premises that may relate to information provided for the purposes of this Part;
(g)
take extracts from, or make copies of, any such document;
(h)
take onto the premises such equipment and materials as the transport sector authorised officer requires for the purpose of exercising powers in relation to the premises;
(i)
seize any thing found during the exercise of monitoring powers on the premises which the transport sector authorised officer believes on reasonable grounds affords evidence of a contravention of this Part.
(2) A transport sector authorised officer of the sector regulator may, in addition to the powers in subsection (1) —(a)
compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the transport sector authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and
(b)
if such information is found in exercise of the power in paragraph (a) —(i)
produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or
(ii)
transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.
Transport sector authorised officer may require persons to furnish information and produce documents
55.—(1) A transport sector authorised officer of the appropriate sector regulator may require —(a)
any authorised dealer, manufacturer or importer of motor vehicles;
(b)
any transport facility operator;
(c)
any person who apparently represents a person referred to in paragraph (a) or (b);
(d)
an energy manager of a transport facility operator; or
(e)
any person who is on the premises of a person referred to in paragraph (a) or (b) when the transport sector authorised officer exercises his or her powers under section 53 or 54,
to provide any information within the knowledge of that person or produce any document in the person’s custody or under the person’s control in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from such document.
(2) Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Power to demand names and addresses
56.—(1) A transport sector authorised officer of the appropriate sector regulator may require any person found on the premises under section 53 to —(a)
give his or her name and address and any other proof of identity; and
(b)
provide any other particulars,
as the transport sector authorised officer may require for the purposes of this Part.
(2) Any person who, upon being required by the transport sector authorised officer to give his or her name and address or other proof of identity or to provide any particulars under subsection (1) —(a)
refuses to do so;
(b)
wilfully misstates his or her name and address or proof of identity; or
(c)
provides false particulars,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Powers to examine and secure attendance, etc.
57.—(1) For the purpose of investigating any offence under this Part, a transport sector authorised officer of the appropriate sector regulator may do all or any of the following:(a)
examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Part —(i)
whether before or after that person or anyone else is charged with an offence in connection with the matter; and
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter;
(b)
require by written notice the attendance before himself or herself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Part, and that person must attend as required;
(c)
require any person to provide any information or produce any book, document or copy of such book or document in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document.
(2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Part, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.
(3) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary) be signed by the person.
(4) If any person fails to attend as required by a notice under subsection (1)(b), the transport sector authorised officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.
Authorised dealer, etc., and transport facility operator to provide transport sector authorised officer with all facilities and assistance
58. Any authorised dealer, manufacturer or importer of motor vehicles and any transport facility operator must provide any transport sector authorised officer exercising his or her powers under this Part, and any person assisting that officer, all reasonable facilities and assistance for the effective exercise of their powers.
Penalty for obstructing transport sector authorised officer in course of duty
59. Any person who at any time hinders or obstructs any transport sector authorised officer in the performance or execution of his or her duty or of any thing which the transport sector authorised officer is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)
in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
Composition of offences
60.—(1) The appropriate sector regulator or an officer authorised by the sector regulator to compound offences may compound any offence under this Part that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) The Transport Minister may make regulations to prescribe the offences which may be compounded.
(4) All sums collected under this section must be paid to the Consolidated Fund.
Exemption
61. The Transport Minister may, by order in the Gazette and with or without conditions, exempt —(a)
any class, description or type of motor vehicles, business activity or premises from all or any of the provisions of this Part; or
(b)
any class or description of persons from compliance with all or any of the provisions of this Part.
Regulations
62.—(1) The Transport Minister may make regulations necessary or expedient for carrying out the purposes and provisions of this Part.
(2) Without limiting subsection (1), the Transport Minister may make regulations for or with respect to all or any of the following matters:(a)
providing for additional fuel economy and vehicular emissions testing, labelling or reporting requirements in relation to any class, description or type of motor vehicle specified in an order under section 40;
(b)
specifying a minimum fuel economy standard with which any class, description or type of motor vehicle specified in an order under section 40 must comply;
(c)
establishing a register of transport facility operators;
(d)
specifying any energy efficiency standards or energy management standards with which any class or description of transport facility operators must comply;
(e)
in relation to reports under section 47 —(i)
specifying the methods, or criteria for methods, by which the amounts of emissions, reduction, removal, offsets, energy production or energy consumption are to be measured, including specifying —(A)
different methods or criteria for different transport facility operators;
(B)
different methods or criteria depending on the circumstances in which the emissions, reduction, removal, offsets, production or consumption occurred;
(C)
conditions relating to the use of different methods or criteria;
(D)
rating systems for those methods (including different rating systems for different circumstances); and
(E)
the particular rating given to each of those methods; and
(ii)
specifying different requirements in relation to the information to be supplied in the report for different circumstances;
(f)
requirements for the preparation and submission of a report under section 47 or an energy efficiency improvement plan under section 49;
(g)
requirements relating to the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 49;
(h)
in relation to an energy manager under this Part —(i)
the requirements for the appointment, training and qualification of an energy manager;
(ii)
the functions and duties of an energy manager; and
(iii)
the powers of an energy manager, being necessary powers for the discharge of his or her functions and duties;
(i)
prescribing any forms for use under this Part;
(j)
prescribing any fees and charges payable for the purposes of this Part;
(k)
prescribing any other matter which is required or permitted to be prescribed to give effect to this Part.[24/2017]
(3) The Transport Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.
Adoption of codes and standards
63.—(1) Any regulations made under section 62 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which —(a)
is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the appropriate sector regulator; or
(b)
is considered by the appropriate sector regulator to be appropriate for adoption for the purposes of this Part.
(2) The sector regulator must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the sector regulator during normal office hours.
(3) In any proceedings, a copy certified by the appropriate sector regulator as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) is evidence of the code, standard, rule, specification or provision so adopted.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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