Shared Mobility Enterprises (Control and Licensing) Act 2020

Sections (50)

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• § 1 — Short title

  1. This Act is the Shared Mobility Enterprises (Control and Licensing) Act 2020.

• § 10 — Application for or to renew licence

  10.—(1) An application for or to renew a licence must be made to the LTA in accordance with this section.(2) An application for or to renew a 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 Singa

• § 11 — Grant of licences

  11.—(1) After considering any application under section 10 for or to renew a 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 shared mobility service; or (ii) a renewal fee and, in the case

• § 12 — Periodic fee for licence and licence validity

  12.—(1) Every licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier suspended or revoked under section 29.(2) For every period prescribed (which must not exceed the validity of a licence), the licensee granted that licence must

• § 13 — Conditions of licences

  13.—(1) In granting a 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 licence to a provider of a shared mobility service, the LTA may impose conditions —(a) fixing the ty

• § 14 — Modifying conditions of licence

  14.—(1) Subject to this section, it is lawful for the LTA to modify the conditions of a licence without compensating the licensee concerned.(2) Before modifying any condition of a licence, the LTA must give notice to the licensee holding that licence —(a) stating that the LTA proposes to make the mo

• § 15 — Modifying licence conditions on licensee’s application

  15.—(1) A licensee may apply to the Authority to modify any condition of the licensee’s licence mentioned in section 13(2)(b), and no other condition.(2) An application under subsection (1) must —(a) be in the form and manner the LTA determines; (b) be accompanied by an application fee, if prescrib

• § 16 — Restriction on transfer and surrender of licence

  16.—(1) A 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 consen

• § 17 — Class licence

  17.—(1) The LTA may, with the approval of the Minister, by order in the Gazette determine a class licence that authorises a person to which the order applies to provide a shared mobility service or a class or description of shared mobility service without a licence granted under Part 3 —(a) for a sp

• § 18 — Variation and revocation of class licence

  18.—(1) Subject to this section, the LTA may, with the approval of the Minister and by order in the Gazette, vary a class licence determined under an order made under section 17 by —(a) varying or revoking any condition specified in the order; or (b) specifying additional conditions of the order.

• § 19 — Conditions applicable to class licensee

  19.—(1) Without limiting section 17(1) or 18, the conditions subject to which a class licensee may provide a shared mobility service under a class licence may include any of the following requirements:(a) to do or not to do any things that are specified or are of a description specified, except inso

• § 2 — General interpretation

  2.—(1) In this Act, unless the context otherwise requires —“applicant” means an applicant for or to renew a licence; “authorised officer”, for any provision of this Act, means an officer or employee of the LTA who is appointed as an authorised officer under section 7 for the purposes of that provis

• § 20 — Change in management of licensee

  20.—(1) It is a condition of every licence that the licensee to whom the licence is granted must notify the LTA of, where the licensee is a corporation, partnership, limited liability partnership or an unincorporated association —(a) the resignation or removal of any officer of the corporation, part

• § 21 — Accounts and statements

  21.—(1) A licensee must —(a) in respect of the whole or part (as the case may be) of every financial year, prepare such accounts and statements as are specified in, or ascertained in accordance with, the Regulations; (b) retain the accounts and statements prepared in accordance with paragraph (a) f

• § 22 — Record-keeping and giving information

  22.—(1) A licensee must —(a) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the licence granted to the licensee; and (b) give to the LTA, within the

• § 23 — Monitoring improper parking by hirers

  23.—(1) A licensee providing a shared mobility service using a type of vehicles may enter into an information sharing arrangement with another licensee providing a shared mobility service using the same or different type of vehicles to share or exchange information held by the licensees for the purp

• § 24 — Standards of performance for licensees and class licensees

  24.—(1) The LTA may —(a) issue one or more standards of performance applicable to licensees or class licensees, or specified types of licensees or class licensees; (b) approve as a standard of performance applicable to licensees or class licensees, or specified types of licensees or class licensees

• § 25 — Directions affecting licensees and class licensees

  25.—(1) The LTA may give a direction to a licensee or class licensee for or in respect of —(a) locating, distributing or collecting from public places of vehicles used by the licensee or class licensee to provide shared mobility services authorised by the licensee’s licence or class licence, as the

• § 26 — Safety directives

  26.—(1) The Minister may, and in accordance with subsections (2), (3), (4) and (5), give such safety directives of general application as may be necessary to alleviate or minimise any risk —(a) of death of, or a serious injury to, any individual from the provision of any shared mobility service; or

• § 27 — How safety directive is given

  27.—(1) A safety directive is binding on the person or class of persons to whom it is addressed and given.(2) A safety directive that is addressed to a person is sufficiently given if it is served in the manner prescribed in section 46. (3) A safety directive that is addressed to a class of persons

• § 28 — General duty to comply with safety directives

  28.—(1) A safety directive may require the person it binds (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, including stop providing a shared mobilit

• § 29 — Suspension or revocation, etc., of licence or class licence

  29.—(1) Subject to section 31, if the LTA is satisfied that —(a) a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with —(i) any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence; (ii) an

• § 3 — Meaning of “shared mobility service” and associated terms

  3.—(1) In this Act, unless the context otherwise requires —“booking”, in relation to a shared mobility service, means a booking for a vehicle used in the provision of that service to be hired for riding by an individual on wholly or partly in a public place; “hire”, for a vehicle, does not include

• § 30 — Regulatory action can continue despite licence expiry, etc.

  30.—(1) Subject to section 31, if regulatory action under section 29 has started against a licensee or class licensee, and the LTA does not take any regulatory action before the date of expiry of the licensee’s licence or the date the class licence stops applying for reasons other than the LTA disco

• § 31 — Proceedings for regulatory action

  31.—(1) Before exercising any powers under section 29(1) or (2) or 30(2), the LTA must give written notice to the licensee or class licensee or former licensee or former class licensee concerned —(a) stating that the LTA intends to take regulatory action against the licensee or class licensee or for

• § 32 — Purpose for which enforcement powers are exercisable by authorised officers

  32.—(1) An authorised officer may exercise the powers set out in this Division for any of the following purposes:(a) to determine compliance with this Act and the Regulations, including whether an offence under this Act or the Regulations has been committed; (b) to determine compliance with any con

• § 33 — Powers of entry, etc., at premises

  33.—(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility service, and do all or any of the following at the premise

• § 34 — Powers in relation to vehicles

  34.—(1) An authorised officer may do all or any of the following in relation to a vehicle which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility services:(a) to stop and detain the vehicle for as long as is reasonably necessary for

• § 35 — Power to obtain information

  35.—(1) The LTA or an authorised officer may by written notice require any licensee or class licensee to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which —(a) relate to any matter which the

• § 36 — Offences

  36.—(1) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer under section 33(1) or 34(1), or by a notice under section 35(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(2) A person —(a) wh

• § 37 — Composition of offences

  37.—(1) The LTA or an authorised officer may compound any offence under this Act 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

• § 38 — Interpretation of this Part

  38. In this Part, unless the context otherwise requires —“appealable decision” means any of the following decisions of the LTA:(a) a decision refusing the grant of a licence under section 11; (b) a decision under section 13 imposing a condition in a licensee’s licence; (c) a modification under sec

• § 39 — Appeal to Minister

  39.—(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section.(2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made —(a) for an appealable decision that is under s

• § 4 — Purposes of Act

  4. The purposes of this Act are to regulate the provision of shared mobility services so as —(a) to facilitate the delivery of safe, reliable, efficient and customer‑focused shared mobility services in Singapore; (b) to address indiscriminate parking of vehicles in public places arising from the pr

• § 40 — Designation of others to hear appeals

  40. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 39; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of

• § 41 — Interface with other laws

  41. To avoid doubt, this Act —(a) does not affect the operation of the Active Mobility Act 2017 or the Road Traffic Act 1961; and (b) does not limit the application of any other requirement or restriction to, or in relation to, the conduct of business in, or the parking of vehicles on, any public p

• § 42 — Recovery of fees and penalties

  42.—(1) The LTA may impose interest at the prescribed rate on any outstanding amount of —(a) any fee payable under section 11 for the grant of a licence; (b) any periodic fee payable under section 12; (c) any charge payable under an order made under section 17(1) (including as varied under section

• § 43 — Offences by corporations

  43.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent

• § 44 — Offences by unincorporated associations or partnerships

  44.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 45 — Jurisdiction of courts

  45. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.

• § 46 — Service of documents

  46.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by post to

• § 47 — General exemption

  47. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.

• § 48 — Regulations

  48.—(1) The LTA, with the approval of the Minister, may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the LTA may make regulations for any of the following:(a) classes of licences; (b) the form and manner in which, and the

• § 49 — Presentation to Parliament

  49. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

• § 5 — Application of Act

  5.—(1) This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act.(2) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Govern

• § 50 — Saving and transitional provisions

  50.—(1) Subject to the adaptations provided in the Schedule, this Act applies to and in relation to every person holding a licence that is —(a) granted under Part 3 of the Parking Places Act 1974 (as in force before 22 July 2020) to provide a licensable service before 22 July 2020; and (b) in force

• § 6 — Administration of Act

  6.—(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of shared mobility services, and to otherwise administer this Act.(2) No liability shall lie personally against any member, officer or employee o

• § 7 — Authorised officers

  7.—(1) The LTA may, in relation to any provision of this Act, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case.(2) The LTA may delegate the exercise of all or any of the powers conferred or duties impose

• § 8 — Unauthorised shared mobility service

  8.—(1) A person commits an offence if the person provides in Singapore a shared mobility service when the person —(a) is not authorised to do so by a licence or class licence; and (b) is not exempt from this section under section 47 in relation to that service. (2) The offence under subsection (1)

• § 9 — Unauthorised vehicle used for shared mobility services

  9.—(1) A person commits an offence if the person provides in Singapore a shared mobility service —(a) using vehicles which are the type, or the model of a type of vehicles, proscribed by Regulations; and (b) when the person is not exempt from this section under section 47 in relation to that servic