§ 78 — Power to remove, etc., EV chargers

78.—(1) In addition to any powers in this Division, where an authorised officer has reason to believe that an EV charger is —(a)

neither of a homologated model nor a specially authorised EV charger; or

(b)

the subject of or used in the commission of an offence under this Act,

the authorised officer may by written order require any of the following to be done:

(c)

the supply of the EV charger must stop until the order is withdrawn;

(d)

the provision of EV charging services or undertaking of any other regulated activity using that EV charger must stop until the order is withdrawn;

(e)

the EV charger must be removed from any electrical installation it is affixed to;

(f)

the EV charger must be altered so as to put an end to the contravention giving rise to the commission of the offence.

(2) An order made under subsection (1) must specify all or any of the following:(a)

the manner in which the removal or alteration work specified in the order is to be carried out;

(b)

the time within which the removal or alteration work specified must start;

(c)

the time within which the removal or alteration work specified must be completed;

(d)

that the removal or alteration work specified must be carried out with due diligence to the satisfaction of the LTA, and at the cost of the person on whom the order is given under subsection (3).

(3) An order made under subsection (1) must be given —(a)

to the owner of the EV charger; and

(b)

where the EV charger is being supplied or used to provide EV charging services or to undertake any other regulated activity — to the person supplying the EV charger or providing the EV charging services or undertaking the regulated activity, as the case may be.

(4) If an order made under subsection (1) is not complied with, the LTA may —(a)

remove to a holding yard or alter, or cause to be so removed or altered, any EV charger in subsection (1) or take any other steps that appear to the LTA to be necessary to secure compliance with the order; and

(b)

recover all expenses reasonably incurred by the LTA in the exercise of powers under this subsection from the person in default.

(5) Without affecting the right of the LTA to exercise powers under subsection (4), if any person to whom an order is made under subsection (1), without reasonable excuse, refuses or neglects to comply with the order, that person 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 6 months or to both; and

(b)

in respect of a continuing failure to comply, to an additional fine not exceeding $500 for every day or part of a day the failure to comply continues up to a total maximum of $10,000.

(6) In any proceedings for an offence under subsection (5), it is a defence for the person charged to prove, on a balance of probabilities, that the person has no legal right to remove or alter the EV charger in question.

(7) For the purpose of exercising a power under subsection (4), an authorised officer may, with such assistance as he or she considers necessary, use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the EV charger in question.

—(1) In addition to any powers in this Division, where an authorised officer has reason to believe that an EV charger is —(a)

neither of a homologated model nor a specially authorised EV charger; or

(b)

the subject of or used in the commission of an offence under this Act,

the authorised officer may by written order require any of the following to be done:

(c)

the supply of the EV charger must stop until the order is withdrawn;

(d)

the provision of EV charging services or undertaking of any other regulated activity using that EV charger must stop until the order is withdrawn;

(e)

the EV charger must be removed from any electrical installation it is affixed to;

(f)

the EV charger must be altered so as to put an end to the contravention giving rise to the commission of the offence.

(2) An order made under subsection (1) must specify all or any of the following:(a)

the manner in which the removal or alteration work specified in the order is to be carried out;

(b)

the time within which the removal or alteration work specified must start;

(c)

the time within which the removal or alteration work specified must be completed;

(d)

that the removal or alteration work specified must be carried out with due diligence to the satisfaction of the LTA, and at the cost of the person on whom the order is given under subsection (3).

(3) An order made under subsection (1) must be given —(a)

to the owner of the EV charger; and

(b)

where the EV charger is being supplied or used to provide EV charging services or to undertake any other regulated activity — to the person supplying the EV charger or providing the EV charging services or undertaking the regulated activity, as the case may be.

(4) If an order made under subsection (1) is not complied with, the LTA may —(a)

remove to a holding yard or alter, or cause to be so removed or altered, any EV charger in subsection (1) or take any other steps that appear to the LTA to be necessary to secure compliance with the order; and

(b)

recover all expenses reasonably incurred by the LTA in the exercise of powers under this subsection from the person in default.

(5) Without affecting the right of the LTA to exercise powers under subsection (4), if any person to whom an order is made under subsection (1), without reasonable excuse, refuses or neglects to comply with the order, that person 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 6 months or to both; and

(b)

in respect of a continuing failure to comply, to an additional fine not exceeding $500 for every day or part of a day the failure to comply continues up to a total maximum of $10,000.

(6) In any proceedings for an offence under subsection (5), it is a defence for the person charged to prove, on a balance of probabilities, that the person has no legal right to remove or alter the EV charger in question.

(7) For the purpose of exercising a power under subsection (4), an authorised officer may, with such assistance as he or she considers necessary, use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the EV charger in question.