Road Vehicles (Special Powers) Act 1960

Road Vehicles (Special Powers)
Act 1960

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to give power to restrict the use of, stop and search road vehicles and to provide for the seizure and forfeiture of road vehicles and articles found therein in certain circumstances and matters incidental thereto.

[15 February 1960]

Short title

1.  This Act is the Road Vehicles (Special Powers) Act 1960.

Interpretation

2.  In this Act —

“road” means any public road or any other road, to which the public has access, and includes bridges over which a road passes;

“road vehicle” means any vehicle designed or adapted for use on roads;

“scheduled offence” means any offence specified in the Schedule.

Power to stop and search road vehicles

3.—(1)  The person driving, or in control of, any road vehicle in motion must stop the vehicle on being required to do so by any police officer in uniform.

(2)  If —

(a) as respects any road vehicle being on any road; or

(b) upon the overtaking of a road vehicle on any occasion on which the person driving, or in control of, the road vehicle has in accordance with subsection (1) been required to stop but has failed to do so,

any police officer may search the vehicle and any person found in the vehicle if the police officer suspects on reasonable grounds that there is to be found in the vehicle any article in respect of which a scheduled offence has been or is being committed, or that the vehicle, or a person in, on or near the vehicle, is the target of a special authorisation given under the Public Order and Safety (Special Powers) Act 2018 or that the vehicle is in an area that is the target of the special authorisation.

[26/2018]

Court to order forfeiture of road vehicle

4.—(1)  Where it is proved to the satisfaction of a court that a road vehicle has been used —

(a) in the commission of a scheduled offence or that any scheduled offence has been committed in respect of the road vehicle or in respect of any article found in the road vehicle or on any person found in the road vehicle;

(b) to convey persons to the scene where a scheduled offence has been committed; or

(c) for the escape or to facilitate the escape of any person from the scene of a scheduled offence,

and that the road vehicle has been seized by the police, the court is, on the written application of the Attorney-General, to make an order for the forfeiture of the road vehicle, notwithstanding that no person may have been convicted of any scheduled offence.

(2)  Any police officer may seize any road vehicle liable to forfeiture under the provisions of this Act.

(3)  An order for the forfeiture or for the release of a road vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to the scheduled offence has been held.

(4)  If there be no prosecution with regard to any scheduled offence, the road vehicle seized under subsection (2) must be forfeited at the expiry of one month from the date of seizure unless a claim to the road vehicle is made before that date. Any person asserting that the person is the owner of that road vehicle may personally or by that person’s agent authorised in writing give written notice to the Commissioner of Police that the person claims the road vehicle.

(5)  Upon receipt of a notice under subsection (4), the Commissioner of Police may direct that the road vehicle be released or may refer the matter by information to a Magistrate.

(6)  The Magistrate on receipt of an information under subsection (5) or on the written application of the Attorney‑General, is to hold an inquiry and proceed to the examination of the matter and on proof that the road vehicle was used —

(a) in the commission of a scheduled offence or that any scheduled offence has been committed in respect of the road vehicle or any article found in the road vehicle or on any person found in the road vehicle;

(b) to convey persons to the scene where a scheduled offence has been committed; or

(c) for the escape or to facilitate the escape of any person from the scene of a scheduled offence,

is to order the road vehicle to be forfeited or may in the absence of such proof order its release.

(7)  A person is not, in any proceedings in any court in respect of the seizure of any road vehicle seized in exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the road vehicle, unless such seizure was made without reasonable or probable cause.

Duty to furnish particulars of person in control of road vehicle

5.—(1)  When it is alleged or suspected that a road vehicle has been used in the commission of a scheduled offence or that any scheduled offence has been committed in respect of any road vehicle or any article found in any road vehicle or on any person found in any road vehicle, or that a road vehicle has been used to convey persons to the scene where a scheduled offence has been committed, or that a road vehicle has been used for the escape or to facilitate the escape of any person from the scene of a scheduled offence —

(a) the owner of the road vehicle must give any information that may be required by any police officer as to the identity and the address, driving licence number and identity card number of the person who was in control of or driving the road vehicle on any specified occasion; and

(b) any other person who was or should have been in control of that road vehicle must if required as aforesaid give any information which is in that person’s power to give and which may lead to the identification of the driver.

(2)  When a special authorisation under the Public Order and Safety (Special Powers) Act 2018 has effect and it is reasonably suspected by a police officer that a road vehicle, or a person in, on or near the vehicle, is the target of the special authorisation or that any dangerous article, offensive weapon or subversive document (within the meaning of that Act) may be found in any road vehicle or on any person found in, on or near the vehicle —

(a) the owner of the road vehicle must give any information required by the police officer as to the identity and the address, driving licence number and identity card number of the person who was in control of or driving the road vehicle on any specified occasion; and

(b) any other person who was or should have been in control of that road vehicle must, if required by the police officer, give any information which is in the person’s power to give and which may lead to the identification of the driver.

[26/2018]

(3)  No person shall be held to be guilty of a contravention of subsection (1) or (2) if the person satisfies the court —

(a) that the person did not know and could not with reasonable diligence have ascertained the information required; or

(b) that owing to circumstances over which the person had no control, it was impossible for the person to give, before the date on which the person was charged with such contravention, the information required of the person.

[26/2018]

(4)  Notwithstanding anything in any other written law, any information given under this section by any person charged with any offence under this Act or with any scheduled offence may be used in evidence at the hearing of the charge.

Penalty

6.—(1)  Any person who contravenes or fails to comply with the provisions of this Act (except section 5(2)) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

[26/2018]

(2)  Any person who contravenes or fails to comply with section 5(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

[26/2018]

THE SCHEDULE

Section 2

Scheduled Offences

1.  Offences punishable under any of the following provisions:

(a) section 3(1) and (2) of the Arms Offences Act 1973;

(b) sections 3(1)(a) to (e), 5(3)(a) and 6 of the Betting Act 1960 repealed by the Gambling Control Act 2022;

[Act 15 of 2022 wef 01/08/2022]

(c) sections 4(1)(a) to (d) and 5(a) and (d) of the Common Gaming Houses Act 1961 repealed by the Gambling Control Act 2022;

[Act 15 of 2022 wef 01/08/2022]

(d) sections 3, 4, 5 and 6 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958;

(e) section 3 of the Hostage-Taking Act 2010;

(f) section 27(2) and (3) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906;

(g) sections 5, 6, 7, 8(a), 11F(1), 11G(1), 11H(1) and 11I(1)(a) of the Misuse of Drugs Act 1973;

[Act 12 of 2023 wef 01/06/2023]

[Act 12 of 2023 wef 01/06/2024]

(h) section 59 of the Internal Security Act 1960;

(i) section 14(3) of the Societies Act 1966;

(j) sections 143, 144, 145, 147, 148, 302, 307, 324, 325, 326, 363, 363A, 364, 364A (as in force before 21 November 2010), 365, 368, 506, and Chapter 17 of the Penal Code 1871;

(ja) sections 18(2), 19(2), 21(4), 22(4), 23(3), 24(2), 25(3), 27(3), 29(2) and 36(1) of the Gambling Control Act 2022;

[Act 15 of 2022 wef 01/08/2022]

(k) section 120B of the Penal Code 1871 where the criminal conspiracy is to commit any of the offences set out in the foregoing sub-paragraphs.

2.  Attempts to commit and abetment of any of the offences set out in paragraph 1.

[51/2007; 19/2010]

LEGISLATIVE HISTORY

Road Vehicles (Special Powers) Act 1960

 

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
1.	Ordinance 8 of 1960—Road Vehicles (Special Powers) Ordinance, 1960
	Bill	:	52/1960
	First Reading	:	29 December 1959
	Second Reading	:	13 January 1960
	Notice of Amendments	:	13 January 1960
	Third Reading	:	13 January 1960
	Commencement	:	15 February 1960
2.	Ordinance 59 of 1960—Road Vehicles (Special Powers) (Amendment) Ordinance, 1960
	Bill	:	98/1960
	First Reading	:	20 October 1960
	Second and Third Readings	:	16 November 1960
	Commencement	:	25 November 1960
3.	L.N. 245/1965 (G.N. Sp. No. S 114/1965)—Modification of Laws (Road Vehicles) (Special Powers) (Singapore) Order, 1965
	Commencement	:	17 June 1965
4.	1970 Revised Edition—Road Vehicles (Special Powers) Act (Chapter 120)
	Operation	:	15 April 1971
5.	Act 18 of 1973—Road Vehicles (Special Powers) (Amendment) Act, 1973
	Bill	:	10/1973
	First Reading	:	26 February 1973
	Second and Third Readings	:	20 March 1973
	Commencement	:	6 April 1973
6.	Act 10 of 1986—Road Vehicles (Special Powers) (Amendment) Act 1986
	Bill	:	17/1985
	First Reading	:	31 October 1985
	Second and Third Readings	:	10 January 1986
	Commencement	:	25 February 1986
7.	1985 Revised Edition—Road Vehicles (Special Powers) Act (Chapter 277)
	Operation	:	30 March 1987
8.	2007 Revised Edition—Road Vehicles (Special Powers) Act (Chapter 277)
	Operation	:	31 March 2007
9.	Act 51 of 2007—Penal Code (Amendment) Act 2007
	(Amendments made by section 107 read with item (6) of the Third Schedule to the above Act)
	Bill	:	38/2007
	First Reading	:	17 September 2007
	Second Reading	:	22 October 2007
	Third Reading	:	23 October 2007
	Commencement	:	1 February 2008 (section 107 read with item (6) of the Third Schedule)
10.	Act 19 of 2010—Hostage-Taking Act 2010
	(Amendments made by section 17 of the above Act)
	Bill	:	13/2010
	First Reading	:	19 July 2010
	Second and Third Readings	:	16 August 2010
	Commencement	:	21 November 2010 (section 17)
11.	Act 26 of 2018—Public Order and Safety (Special Powers) Act 2018
	(Amendments made by section 59 of the above Act)
	Bill	:	11/2018
	First Reading	:	27 February 2018
	Second Reading	:	21 March 2018
	Notice of Amendments	:	21 March 2018
	Third Reading	:	21 March 2018
	Commencement	:	16 May 2018 (section 59)
12.	2020 Revised Edition—Road Vehicles (Special Powers) Act 1960
	Operation	:	31 December 2021
13.	Act 15 of 2022—Gambling Control Act 2022
	(Amendments made by the above Act)
	Bill	:	6/2022
	First Reading	:	14 February 2022
	Second and Third Readings	:	11 March 2022
	Commencement	:	1 August 2022
14.	Act 12 of 2023—Misuse of Drugs (Amendment) Act 2023
	(Amendments made by the above Act)
	Bill	:	9/2023
	First Reading	:	24 February 2023
	Second and Third Readings	:	21 March 2023
	Commencement	:	1 June 2023 1 June 2024

Abbreviations

	(updated on 29 August 2022)
G.N.	Gazette Notification
G.N. Sp.	Gazette Notification (Special Supplement)
L.A.	Legislative Assembly
L.N.	Legal Notification (Federal/Malaysian)
M.	Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)
Parl.	Parliament
S	Subsidiary Legislation
S.I.	Statutory Instrument (United Kingdom)
S (N.S.)	Subsidiary Legislation (New Series)
S.S.G.G.	Straits Settlements Government Gazette
S.S.G.G. (E)	Straits Settlements Government Gazette (Extraordinary)

COMPARATIVE TABLE

Road Vehicles (Special Powers) Act 1960

This Act has undergone renumbering in the 2020 Revised Edition. This Comparative Table is provided to help readers locate the corresponding provisions in the last Revised Edition.

2020 Ed.	2007 Ed.
5—(2)	5—(1A)
(3)	(2)
(4)	(3)