Division 1 — Regulatory action
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)
any provision of this Act or the Regulations applicable to the licensee or class licensee, contravention of or non‑compliance with which is not an offence under this Act;
(iii)
any provision of a standard of performance applicable to the licensee or class licensee; or
(iv)
any direction or order given to the licensee or class licensee under section 25 or subsection (2)(c), (e) or (g);
(b)
the licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(c)
the licensee or class licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts;
(d)
the licensee or class licensee is not providing an adequate and satisfactory shared mobility service;
(e)
the licensee or class licensee, or an officer of the licensee or class licensee, is convicted of any offence under —(i)
this Act or the Regulations; or
(ii)
section 23B, 28 or 58A of the Active Mobility Act 2017,
committed during the term of the licence or class licence, as the case may be;
(f)
the licence had been obtained by the licensee by fraud or misrepresentation;
(g)
any part of the periodic licence fee required by section 12 is in arrears; or
(h)
the public interest of Singapore requires,
the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act or disapply the class licence with respect to that class licensee.
(2) However, the LTA may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following:(a)
censure the licensee or class licensee in writing;
(b)
modify any condition of the licence;
(c)
direct the licensee or class licensee —(i)
to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a); or
(ii)
to remove, within a period specified in the direction, from all public places vehicles used by the licensee or former licensee or class licensee or former class licensee (as the case may be) in providing shared mobility services when the licence is not in force or the class licence is disapplied;
(d)
suspend the licence or the application of the class licence (as the case may be) for not more than 6 months;
(e)
direct the licensee or class licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding the maximum specified in subsection (6);
(f)
direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)
to secure compliance by the licensee with any condition attached to the licence;
(ii)
to secure compliance by the licensee with any standard of performance applicable to the licensee;
(iii)
for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee;
(iv)
to meet any cost or expense which the LTA may reasonably incur in moving and disposing of vehicles that were used by a former licensee in providing shared mobility services and are abandoned in public places;
(g)
order the reduction of the maximum or an increase of the minimum number, or both, of vehicles which the licensee, during the validity period of the licence or any part of that period —(i)
may offer or expose undocked for hiring in or at a public place; or
(ii)
may allow the hiring of which to end in or at a public place undocked,
or both.
(3) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)
any condition attached to the licence; or
(b)
any standard of performance applicable to the licensee,
any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty.
(4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final.
(5) For the purposes of subsection (1)(c), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 254(2) or 351(2) (as the case may be) of the Companies Act 1967 as in force before 30 July 2020 or section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.
(6) The higher of the following is the maximum financial penalty that a licensee or class licensee may be directed under subsection (2)(e) to pay:(a)
$100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;
(b)
10% of the annual turnover of the licensee’s or class licensee’s business derived from or attributable to providing a shared mobility service, as ascertained from the licensee’s or class licensee’s latest audited accounts.
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 discontinuing the regulatory action or the ending of the class licence, then despite the expiry or stoppage —(a)
the regulatory action may continue and the LTA may exercise any powers under subsection (2) in relation to the former licensee or former class licensee if satisfied of any ground mentioned in section 29(1); and
(b)
any performance bond, guarantee or any other form of security furnished under section 13(2)(i) by the former licensee does not need to be discharged or refunded until the conclusion of that regulatory action.
(2) The LTA may, if satisfied of any ground mentioned in section 29(1), do (without compensation) any one or more of the following:(a)
censure the former licensee or former class licensee in writing;
(b)
direct the former licensee or former class licensee —(i)
to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in section 29(1)(a) by the former licensee or former class licensee when the licence or class licence was in force; or
(ii)
to remove, within a period specified in the direction, from all public places vehicles used by the former licensee or former class licensee in providing shared mobility services;
(c)
direct the former licensee or former class licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding the maximum specified in subsection (4).
(3) Where any financial penalty is imposed on a former licensee for contravening or not complying with —(a)
any condition attached to the licence that expired; or
(b)
any standard of performance that was applicable to the former licensee,
any performance bond, guarantee or other form of security furnished by the former licensee to secure compliance by the former licensee with any condition attached to that licence or any standard of performance applicable to the former licensee may be forfeited by the LTA for that contravention or non‑compliance to the extent to pay the financial penalty.
(4) The higher of the following is the maximum financial penalty that a former licensee or former class licensee may be directed under subsection (2)(c) to pay:(a)
$100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action;
(b)
10% of the annual turnover of the former licensee’s or former class licensee’s business derived from or attributable to providing a shared mobility service, as ascertained from the latest audited accounts of the former licensee or former class licensee.
(5) Section 29(4) and (5) applies to regulatory action under this section as it applies to any regulatory action under that section.
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 former licensee or former class licensee;
(b)
specifying the type of action in section 29(1) or (2) or 30(2) that the LTA proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and
(c)
specifying the time (being not less than 14 days from the date of service of notice on the licensee or class licensee, or former licensee or former class licensee, as the case may be) within which written representations may be made to the LTA with respect to the proposed action.
(2) The LTA may, after considering any written representation under subsection (1)(c), decide to take any regulatory action in section 29(1) or (2) or 30(2) that the LTA considers appropriate.
(3) Where the LTA has made any decision under subsection (2) against any licensee or class licensee, the LTA must serve on the licensee or class licensee, or former licensee or former class licensee, concerned a notice of its decision.
(4) Subject to section 39, a decision to revoke a licence or disapply a class licence under section 29(1), or to impose a regulatory action in section 29(2) or 30(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.
(5) Any suspension or revocation of any licence or disapplication of a class licence under section 29 with respect to a licensee or class licensee does not affect —(a)
the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or
(b)
the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person.
(6) All financial penalties imposed under section 29(2) or 30(2) must be paid into the Consolidated Fund.
Division 2 — Enforcement powers
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 condition of a licence or class licence;
(c)
to determine whether information provided to the LTA under a provision of this Act or its subsidiary legislation is correct;
(d)
to investigate whether there are grounds for taking any regulatory action against a licensee or class licensee.
(2) To avoid doubt, nothing in this Division limits section 39 of the Land Transport Authority of Singapore Act 1995 with respect to an offence under this Act or the Regulations.
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 premises:(a)
to examine any thing or observe any activity conducted in or on the premises;
(b)
to search the premises and any thing in or on the premises;
(c)
to make a still or moving image or recording of the premises and any thing in or on the premises;
(d)
to inspect any document in the premises and take extracts from, or make copies of, any such document;
(e)
to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;
(f)
to operate electronic equipment in or on the premises;
(g)
to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that —(i)
the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening or not complying with any condition of a licence or class licence, or any standard of performance, direction or safety directive; and
(ii)
it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;
(h)
to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph (g)(i);
(i)
to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for any of the purposes of section 32.
(2) However, an authorised officer is not authorised by subsection (1) —(a)
to enter and search any premises which are not a place on or at which a licensee or class licensee provides a shared mobility service or carries out any activity in connection with the provision of the shared mobility service, except —(i)
with the consent of the occupier; or
(ii)
under a warrant of a Magistrate’s Court or District Court; or
(b)
to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.
(3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter any premises, search any premises or seize any thing (as the case may be) for any of the purposes of section 32.
(4) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)
to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;
(b)
to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and
(c)
to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)
is brought to the premises for the exercise of the power; or
(ii)
is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,
and to remove the disk, tape or other storage device from those premises.
(5) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —(a)
to secure the thing by locking it up, placing a guard or any other means; and
(b)
to prohibit any person from dealing with such thing.
(6) The power to require an individual to provide any document or information under subsection (1)(i) includes the power —(a)
to require that individual to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form.
(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section.
(8) In this section, “relevant person” means —(a)
a person to whom a licence is or was granted;
(b)
a person who is or was a class licensee;
(c)
an individual who is or was an officer or a representative of a person mentioned in paragraph (a) or (b);
(d)
an individual who is or was an employee or outworker of the provider of a shared mobility service; or
(e)
a person whom an authorised officer suspects on reasonable grounds is or was the provider of any shared mobility service, or an agent of such a person.
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 the exercise of any other power of the authorised officer under this section;
(b)
to inspect the vehicle and any equipment in or on the vehicle;
(c)
to make a still or moving image or recording of the vehicle and anything in or on the vehicle;
(d)
to inspect any document in the vehicle and take extracts from, or make copies of, any such document;
(e)
to operate a computer or other thing in or on the vehicle;
(f)
to require the rider of the vehicle, or a person in possession of the vehicle, to answer any question (to the best of that person’s or individual’s knowledge, information and belief) and to provide any document or information that the authorised officer reasonably requires for the purposes of section 32.
(2) The power to require a person or an individual to provide any document or information under subsection (1)(f) includes the power —(a)
to require that person or individual to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require that person or individual to state, to the best of the person’s or individual’s knowledge and belief, where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form.
(3) However, the power to require an individual to provide any document or information under subsection (1)(f) must not be exercised in relation to an individual who is an under‑aged rider, but may be exercised in relation to any individual who is an appropriate supervisor (within the meaning of the Active Mobility Act 2017) escorting the riding of the vehicle by the firstmentioned individual.
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 authorised officer considers necessary for any of the purposes of section 32; and
(b)
are —(i)
within the knowledge of that licensee or class licensee, as the case may be; or
(ii)
in the custody or under the control of the licensee or class licensee, as the case may be.
(2) The power to require a licensee or class licensee to provide any document or information under subsection (1) includes the power —(a)
to require that licensee or class licensee, or any individual who is or was an officer or agent or a representative of the licensee or class licensee (as the case may be), to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require that licensee, class licensee or individual to state, to the best of the knowledge and belief of that licensee, class licensee or individual (as the case may be), where it is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the LTA or an authorised officer in legible form.
(3) The LTA is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the LTA or an authorised officer under subsection (1).
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)
who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer under section 33(1)(i) or 34(1)(f), or by a notice under section 35(1) to provide; or
(b)
who, in providing any document or information required by an authorised officer under section 33(1)(i) or 34(1)(f), or by a notice under section 35(1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,
shall be guilty of an offence and 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.
(3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that —(a)
the person does not possess the document or information required; and
(b)
the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.
(4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.
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 that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
