§ 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 of a late renewal application a late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether an applicant should be granted a licence, or the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, 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 shared mobility service; or

(ii)

a holder of another licence or a class licensee;

(b)

the demand for the shared mobility service in the application;

(c)

the existence of other licensees providing a shared mobility service using the same type of vehicle proposed in the application;

(d)

the existence of other licensees providing a shared mobility service using other types of vehicles;

(e)

the design, safety and roadworthiness of the vehicles to be used by the applicant in providing the shared mobility service;

(f)

the adequacy of parking places for the type of vehicles proposed to be used in providing the shared mobility service in the application;

(g)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the shared mobility service in the application according to this Act and the applicable standards of performance;

(h)

whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association;

(i)

whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the shared mobility service in the application;

(j)

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;

(k)

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

(3) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)(i) is a suitable person to be involved in the management and operation of providing a shared mobility 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 29 or 30 —(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 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 8P of the Parking Places Act 1974 (as in force before 22 July 2020) in relation to a person holding a licence granted under Part 3 of that Act to provide a licensable service, 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 22 July 2020) any of the following offences:(i)

an offence under Part 3 of the Parking Places Act 1974 (or regulations made under that Part) as in force before 22 July 2020;

(ii)

an offence under this Act;

(iii)

an offence under section 32A of the Street Works Act 1995 or section 23B, 28 or 58A of the Active Mobility Act 2017;

(iv)

any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;

(v)

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).

(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.

(5) Without affecting subsection (1), the LTA may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.

(6) The LTA may subdivide licences it grants under this section into classes, such as according to any of the following, and may grant the licence accordingly:(a)

the construction or type of vehicle used in providing the shared mobility service authorised by the licence;

(b)

the type of shared mobility service;

(c)

the number of vehicles used or intended to be used in providing the shared mobility service authorised by the licence;

(d)

the place where the shared mobility service is being or is to be provided.

—(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 of a late renewal application a late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether an applicant should be granted a licence, or the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, 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 shared mobility service; or

(ii)

a holder of another licence or a class licensee;

(b)

the demand for the shared mobility service in the application;

(c)

the existence of other licensees providing a shared mobility service using the same type of vehicle proposed in the application;

(d)

the existence of other licensees providing a shared mobility service using other types of vehicles;

(e)

the design, safety and roadworthiness of the vehicles to be used by the applicant in providing the shared mobility service;

(f)

the adequacy of parking places for the type of vehicles proposed to be used in providing the shared mobility service in the application;

(g)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the shared mobility service in the application according to this Act and the applicable standards of performance;

(h)

whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association;

(i)

whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the shared mobility service in the application;

(j)

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;

(k)

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

(3) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)(i) is a suitable person to be involved in the management and operation of providing a shared mobility 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 29 or 30 —(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 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 8P of the Parking Places Act 1974 (as in force before 22 July 2020) in relation to a person holding a licence granted under Part 3 of that Act to provide a licensable service, 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 22 July 2020) any of the following offences:(i)

an offence under Part 3 of the Parking Places Act 1974 (or regulations made under that Part) as in force before 22 July 2020;

(ii)

an offence under this Act;

(iii)

an offence under section 32A of the Street Works Act 1995 or section 23B, 28 or 58A of the Active Mobility Act 2017;

(iv)

any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;

(v)

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).

(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.

(5) Without affecting subsection (1), the LTA may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.

(6) The LTA may subdivide licences it grants under this section into classes, such as according to any of the following, and may grant the licence accordingly:(a)

the construction or type of vehicle used in providing the shared mobility service authorised by the licence;

(b)

the type of shared mobility service;

(c)

the number of vehicles used or intended to be used in providing the shared mobility service authorised by the licence;

(d)

the place where the shared mobility service is being or is to be provided.