Application for or to renew street‑hail service licences
12.—(1) An application for or to renew a street‑hail service licence must be made to the LTA in accordance with this section.
(2) An application for or to renew a street‑hail service licence must —(a)
be in the form and manner the LTA specifies;
(b)
be accompanied by an application fee, if prescribed;
(c)
contain —(i)
an address in Singapore at which notices and other documents under this Act for the applicant may be served; or
(ii)
the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act;
(d)
state the construction or type of taxi used or to be used in the provision of the service; and
(e)
be accompanied by the prescribed information, and any other additional information that the LTA requires to decide on the application.
(3) The LTA may refuse to consider an application for or to renew a street‑hail service licence that is incomplete or not made in accordance with this section.
(4) Upon receiving an application for or to renew a street‑hail service licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application.
(5) A person commits an offence if the person, being an applicant for the grant of a street‑hail service licence —(a)
provides, or causes or permits to be provided, any document or information in connection with the application which is false in a material particular; and
(b)
knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular.
(6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Grant of street‑hail service licences
13.—(1) After considering any application under section 12 for or to renew a street‑hail service licence, the LTA may —(a)
on payment of —(i)
the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to provide a street‑hail service; or
(ii)
a renewal fee or late renewal fee (if prescribed), renew the licence; or
(b)
refuse to grant or renew the street‑hail service licence, as the case may be.
(2) In deciding whether an applicant should be granted a street‑hail service licence, or the applicant’s street‑hail service licence should be renewed, 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 —(i)
intending to provide any other point‑to‑point passenger transport services;
(ii)
a holder of another street‑hail service licence or a ride‑hail service licence; or
(iii)
an exempt ride‑hail service operator;
(b)
whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the street‑hail service in the application safely and efficiently;
(c)
the applicant’s capacity to deliver the street‑hail service in the application according to the applicable codes of practice;
(d)
the demand for the street‑hail service in the application;
(e)
whether the applicant is a corporation, partnership or limited liability partnership, or an unincorporated association;
(f)
whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management of providing the street‑hail service in the application;
(g)
whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted;
(h)
whether it is otherwise contrary to the public interest for the street‑hail service licence to be granted to the applicant.
(3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)(f) is a suitable person to be involved in the management of providing a street‑hail service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:(a)
the person’s or individual’s relevant knowledge, competency and experience in matters connected with providing such a service;
(b)
any evidence of the exercise of any power under section 35 —(i)
in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; or
(ii)
in relation to a licensee holding, or a former licensee which held, a street‑hail service licence of which the individual is or was an officer when the power was exercised;
(c)
any evidence of the exercise of any power under section 111H of the Road Traffic Act 1961 (as in force before 30 October 2020) in relation to a person holding a taxi service operator licence of which the individual is or was an officer when that power was exercised;
(d)
any prior conviction for committing (whether before, on or after 29 May 2020) any of the following offences:(i)
an offence under Part 5 of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis, private hire cars, private hire car booking service operators or taxi service operators;
(ii)
an offence under Part VA of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis or taxi service operators as in force before 30 October 2020;
(iii)
an offence under the Public Transport Council Act 1987 in relation to taxis;
(iv)
an offence under the Third‑Party Taxi Booking Service Providers Act 2015;
(v)
any offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;
(vi)
an offence under this Act;
(vii)
any relevant offence under any written law;
(e)
any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph (d);
(f)
the person’s or individual’s present or previous involvement, or proposed involvement, in the public transport system in Singapore.
(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsections (2) and (3) and may take into account such other matters and evidence as may be relevant.
(5) Without affecting subsection (1), the LTA may grant a renewal of a street‑hail service licence (of any class) with or without modifying the conditions of the licence, but section 16(2), (3) and (4) does not apply to or in relation to granting a renewal of a street‑hail service licence with modifications to the conditions of the licence.
(6) The LTA may subdivide any class of street‑hail service licence it grants under this section into subclasses, such as according to any of the following, and may grant the licence accordingly:(a)
the construction or type of taxi driven or intended to be driven in providing the street‑hail service authorised by the licence;
(b)
the type of street‑hail service;
(c)
the number of taxis driven or intended to be driven in providing the street‑hail service authorised by the licence;
(d)
the number of related drivers made available in providing the street‑hail service authorised by the licence.
Periodic fee for licence and licence validity
14.—(1) Every street‑hail service licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier revoked or suspended under section 35.
(2) For every period prescribed (which must not exceed the validity of a street-hail service licence), a licensee of the street‑hail service licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence.
(3) If a licensee of a street‑hail service licence fails to pay the periodic fee in accordance with subsection (2), the LTA may, by written notice, require the licensee to make good the default.
(4) Every street‑hail service licence must be in the form the LTA determines.
Conditions of street‑hail service licences
15.—(1) In granting a street‑hail service licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act.
(2) In particular, in granting a street‑hail service licence to a provider of the street‑hail service, the LTA may impose conditions —(a)
fixing the construction or type of taxi which may be made available by the licensee to provide the street‑hail service authorised by the licence;
(b)
fixing all or any of the following:(i)
the maximum or minimum number, or both, of authorised drivers with whom the licensee, during the validity period of the licence or any part of that period, may have a related driver agreement to transport passengers for hire or reward as part of the street‑hail service authorised by the licence;
(ii)
the maximum or minimum number, or both, of taxis or type of taxis which the licensee, during the validity period of the licence or any part of that period, may make available to transport passengers for hire or reward as part of the street‑hail service authorised by the licence;
(c)
requiring the licensee —(i)
to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and
(ii)
to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i);
(d)
requiring the licensee —(i)
to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfy the prescribed qualifications; and
(ii)
to provide the name, address and contact details of the representative or representatives so nominated;
(e)
requiring the provision of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the LTA may determine —(i)
to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee; or
(ii)
to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both;
(f)
requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with —(i)
the provisions of the Act or a code of practice applicable to the licensee;
(ii)
the conditions of the street‑hail service licence granted to that licensee; or
(iii)
a direction given under this Act or an emergency directive;
(g)
requiring the licensee to comply with applicable codes of practice;
(h)
relating to the basic terms that must be in a related driver agreement between the licensee and an authorised driver with whom the licensee has to provide the street‑hail service authorised by the licence, including a term for payment, within a maximum period prescribed, to that authorised driver the fares or reward for carrying out the street‑hail service;
(i)
concerning insurance requirements relating to the provision of the street‑hail service by the licensee; or
(j)
controlling and restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee, or of interests in the undertaking of the licensee or any part of the undertaking.
(3) An audit mentioned in subsection (2)(f) must be carried out by authorised officers, other officers of the LTA or such qualified individuals approved by the LTA for that purpose.
Modifying conditions of street‑hail service licence
16.—(1) Subject to this section, it is lawful for the LTA to modify the conditions of a street‑hail service licence without compensating the licensee concerned.
(2) Before modifying any condition of a street‑hail service 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 not less than 14 days after the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification.
(3) Upon receiving any written representation mentioned in subsection (2)(b), 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 in subsection (2)(b), or any written representation made under subsection (2)(b) is subsequently withdrawn,
the LTA must issue a direction in writing 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, as the case may be.
Restriction on transfer and surrender of street‑hail service licence
17.—(1) A street‑hail service licence, and any rights, benefits or privileges under the licence, are 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 include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 16(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence.
(3) A transfer or an assignment, or a purported transfer or assignment, of a street‑hail service licence, or of any rights, benefits or privileges under the licence, is void and of no effect —(a)
if the licence is not capable of transfer or assignment;
(b)
if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or
(c)
if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.
(4) Every street‑hail service licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
