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.
