Authority may provide parking places
4.—(1) Where it appears to the Authority to be necessary to provide suitable parking places for vehicles, the Authority may provide such parking places in accordance with the provisions of this Act and such general or specific directions as the Minister may give, and for that purpose may —(a)
utilise any land or premises which may lawfully be acquired or appropriated;
(b)
utilise any land or premises owned or occupied by any statutory body upon such terms and conditions as may be agreed upon between the Minister and the statutory body; or
(c)
permit any part of a road to be used as a parking place.
(2) The Authority must not permit any part of a road to be used as a parking place under subsection (1)(c) if —(a)
the parking place is for the parking of personal mobility devices; or
(b)
the use of such part of the road as a parking place will unreasonably prevent access to any premises adjoining the road or to the use of the road by any person entitled to the use of the road, or will cause a nuisance to any person.[3/2017]
(3) The certificate of the Superintendent stating to the effect that any parking place named or described in the certificate is a parking place within the meaning of this Act is prima facie evidence for the purpose of any prosecution under this Act.
Use of property as private parking place
5.—(1) A person must not maintain or operate any private parking place for the parking or housing of one or more heavy vehicles unless the person is a holder of a valid licence.
(2) The Authority may, by order in the Gazette —(a)
permit the use as a private parking place of any land or premises with respect to which an agreement has been made between the Superintendent and the owner or the occupier thereof for the use of the land or premises as a private parking place; and
(b)
prescribe the manner in which a licensee must maintain or operate a licensed private parking place.
(3) The Superintendent or any person authorised by the Superintendent may manage and superintend any private parking place referred to in subsection (2)(a).
Power to require maintenance, etc., of parking place
5A.—(1) Where, in the opinion of the Superintendent, any private parking place for the parking of bicycles, power-assisted bicycles or personal mobility devices on any land or premises —(a)
has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition;
(b)
has been discontinued without the permission of the Superintendent; or
(c)
has been altered (whether by repair or otherwise) so as to render the parking place to be non‑compliant with any rules made under section 22,
the Superintendent may, by notice, require the owner or the occupier of the land or premises to carry out such repairs, work or alteration to the parking place, or to reinstate the parking place (as the case may be) as the Superintendent thinks fit to be carried out.
[3/2017; 8/2020]
(2) A notice under subsection (1) must specify —(a)
the manner in which the repairs, work, alteration or reinstatement specified in the notice is to be carried out;
(b)
the time within which the repairs, work, alteration or reinstatement must be completed; and
(c)
that the repairs, work, alteration or reinstatement must be carried out with due diligence to the satisfaction of the Superintendent.[3/2017]
(3) If a notice under subsection (1) is not complied with to his or her satisfaction, the Superintendent may —(a)
carry out or cause to be carried out all or any of the repairs, work, alteration or reinstatement specified in that notice; and
(b)
recover all expenses reasonably incurred by the Superintendent in the exercise of the Superintendent’s powers under this section from the person in default.[3/2017]
(4) Without affecting the right of the Superintendent to exercise the powers under subsection (3), if any person on whom a notice under subsection (1) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person 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 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.[3/2017]
Adaptation of land for use as parking place
6. The Authority may take such steps as may be necessary to adapt for use as a parking place any land not being part of a road which it may utilise for that purpose under this Act.
Layout, etc., of parking lots in private parking places
6A.—(1) The owner or occupier of —(a)
any land or premises on which any private parking place is, on or after 8 May 2018, provided; or
(b)
any land or premises on which any development (within the meaning of the Planning Act 1998) is or is to be carried out and in respect of which —(i)
written permission is granted on or after 8 May 2018; or
(ii)
an application for approval of a proposal or plan for the provision of parking lots is pending on that date,
must provide and maintain the private parking place provided or to be provided on the land or premises only in accordance with the applicable requirements for parking places.
[24/2018]
(2) In subsection (1), “applicable requirement for parking places”, for any land or premises mentioned in that subsection, means any of the requirements as to layout, arrangement, dimensions, area and number of parking lots, or to the design of parking facilities for a private parking place on the land or premises, which —(a)
are specified in the proposal or plan for the provision of parking lots in the private parking place last approved (or deemed approved) by the Authority; or
(b)
are specified in the last waiver granted (or deemed granted) under section 6B in relation to the private parking place.[24/2018]
(3) The Authority may, in respect of a proposal or plan for the provision of parking lots in a private parking place, approve the proposal or plan in accordance with rules made (or deemed made) under section 22 or, subject to those rules, after having regard to, and giving such weight as the Authority considers appropriate to, all of the following matters:(a)
the proximity and accessibility of the land or premises to other forms of public passenger transport facilities;
(b)
the availability of other parking places in the vicinity of the land or premises;
(c)
traffic flow around the land or premises and the road capacity;
(d)
access to roads, public streets, private footways and public paths;
(e)
such other matters and evidence as may be relevant.[24/2018]
(4) The Authority may, by an infringement notice, require the owner or occupier of the land or premises mentioned in subsection (1) to carry out such works to the land or premises or any part of it, and to take such other measures specified in the notice, as the Authority thinks fit to rectify any contravention of that subsection.[24/2018]
(5) A person who contravenes or fails to comply with an infringement notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction.[24/2018]
(6) In this section, a reference to a proposal or plan for the provision of parking lots in a private parking place includes a reference to a proposal or plan to change —(a)
the number of parking lots in the private parking place;
(b)
the layout, arrangement, dimensions or area of any parking lot in the private parking place; or
(c)
the design of parking facilities in that private parking place,
and change includes the making of a material change in the use as a parking lot.
[24/2018]
Deficiency charge
6B.—(1) The owner or occupier of any land or premises which is the subject of a development mentioned in section 6A(1)(b) may provide parking lots in a private parking place or proposed private parking place on the land or premises otherwise than in accordance with the requirements in rules made (or deemed made) under section 22 if —(a)
the Authority waives the requirement in those rules because, in the opinion of the Authority, it would be unduly onerous or unreasonable for the owner or occupier to comply with that requirement; and
(b)
where the waiver affects the applicable number of parking lots, the owner or occupier pays to the Authority a deficiency charge.[24/2018]
(2) In determining whether to grant a waiver in relation to any private parking place or proposed private parking place on any land or premises, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:(a)
the proximity and accessibility of the land or premises to other forms of public passenger transport facilities;
(b)
the availability of other parking places in the vicinity of the land or premises;
(c)
traffic flow around the land or premises and the road capacity;
(d)
access to roads, public streets, private footways and public paths;
(e)
the physical topography and location of the land or premises;
(f)
other regulatory requirements which the owner of the land or premises must also comply with in relation to the private parking place;
(g)
the safety of pedestrians, drivers, riders and other road and public path users;
(h)
such other matters and evidence as may be relevant.[24/2018]
(3) The deficiency charge is an amount calculated in the manner prescribed, and must be paid into the Consolidated Fund.[24/2018]
(4) Despite anything in this section, no deficiency charge is payable in respect of a private parking place or class of private parking places which, or any person who, is exempt from section 6A because of an exemption under section 21.[24/2018]
(5) In subsection (1), “applicable number of parking lots”, for any land or premises which is the subject of a development mentioned in section 6A(1)(b), means the requirement relating to the number of parking lots which is prescribed in rules made (or deemed made) under section 22.[24/2018]
Authority not liable for loss or damage
7. The exercise by the Authority or the Superintendent of their respective powers under this Act with respect to the use as a parking place or otherwise of any part of a road or any other place does not render the Government, the Authority or the Superintendent subject to any liability in respect of —(a)
any loss or damage to any vehicle or the fittings or contents of any vehicle parked in such parking place or otherwise; or
(b)
any injury or death suffered by any person in such parking place or otherwise.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
