Shared Mobility Enterprises (Control and Licensing) Act 2020

Shared Mobility Enterprises
(Control and Licensing)
Act 2020

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 with respect to shared mobility services.

[22 July 2020]

PART 1

PRELIMINARY

Short title

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

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 provision;

“bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017;

“business” includes any business, whether or not carried on for profit;

“chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who —

(a) is in the direct employment of, or acting for or by arrangement with, the licensee; and

(b) is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a shared mobility service,

and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer;

“class licence” means a class licence determined under an order made under section 17(1) (including as varied under section 18);

“class licensee” means a person to which a class licence applies;

“corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act 1967;

“director” has the meaning given by section 4(1) of the Companies Act 1967;

“general public” includes a section of the public;

“granted” or “grant”, for a licence, includes granted or grant on renewal and deemed granted;

“licence” means a licence granted under Part 3;

“licensee” means a person to whom a licence is granted under this Act but does not include a class licensee;

“limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005;

“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;

“mobility scooter” and “motorised wheelchair” have the meanings given by the Active Mobility Act 2017;

“mobility vehicle” means a mobility scooter or a motorised wheelchair;

“modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition;

“officer”, in relation to an applicant or a class licensee or licensee, means —

(a) where the applicant, class licensee or licensee is a body corporate (including a limited liability partnership) —

(i) an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body or any position analogous to any of those offices; or

(ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

(b) where the applicant, class licensee or licensee is a partnership (including a limited partnership), a partner of the partnership; or

(c) where the applicant, class licensee or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices,

and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;

“park”, in respect of a vehicle, means to bring the vehicle to a stationary position and cause it to wait for any purpose;

“partner”, in relation to a limited partnership, includes a limited partner in the limited partnership;

“premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure;

“provider”, in relation to a shared mobility service, means the person who provides the shared mobility service;

“public authority” means —

(a) any ministry, department or Organ of State of the Government; or

(b) any body established by or under any public Act to perform a public function;

“public place” means any land or premises in Singapore —

(a) which is, or is on —

(i) any State land;

(ii) any land under the control or management of a public authority; or

(iii) any land which is under lease from a public authority to another person other than another public authority or to the Government, and is prescribed by the Minister, by order in the Gazette, as a public place for the purposes of this Act; and

(b) to which members of the public have access as of right or by virtue of express or implied permission and without payment of a fee,

and includes a public path within the meaning given by the Active Mobility Act 2017;

“public service vehicle” has the meaning given by the Road Traffic Act 1961;

“Regulations” means any regulations made under section 48;

“regulatory action” means any action that may be taken by the LTA —

(a) under section 29(1) or (2) against a licensee or class licensee; or

(b) under section 30(2) against a former licensee or former class licensee;

“representative”, for a provider of a shared mobility service using a type of vehicle, means an individual (whether or not an employee or officer of the provider) who —

(a) is directly involved in the day-to-day management of the provision of that shared mobility service;

(b) has access to and is authorised to provide any information relating to the shared mobility service that is required by or under this Act; and

(c) is authorised to represent for the purposes of this Act the provider of the shared mobility service in providing that service;

“road” has the meaning given by section 2(1) of the Road Traffic Act 1961;

“safety directive” means a directive given under section 26;

“safety incident”, in relation to a shared mobility service, means —

(a) any situation where an individual —

(i) dies as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or

(ii) is injured or incapacitated as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or

(b) any situation where any immovable property is destroyed or seriously damaged as a result of an occurrence associated with the riding of a vehicle used in the provision of that service,

and “occurrence” includes an accident or a near‑accident;

“shared mobility service” has the meaning given by section 3;

“standard of performance” means a standard of performance issued or approved by the LTA under section 24, and includes any such standard of performance as amended from time to time under that section;

“under-aged rider” has the meaning given by the Active Mobility Act 2017;

“unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose;

“vehicle” means —

(a) a bicycle;

(b) a power-assisted bicycle;

(c) a personal mobility device;

(d) a mobility vehicle; or

(e) any other vehicle (whether mechanically propelled or otherwise) that is designed to transport people only (with or without carry‑on baggage) and is ordinarily not permitted by law to be used on a road,

and does not include a motor car or motor cycle, a heavy or light locomotive, a motor tractor or a public service vehicle which is a bus, private hire car or taxi;

“vehicle location device” means a device that is capable of transmitting signals about the approximate location of a vehicle for reception by another device.

(2)  In this Act, “improperly park a vehicle in a public place”, for a type of vehicle, means parking, or permitting to remain at rest without a rider, the vehicle undocked outside an area that is —

(a) demarcated (by a marking or traffic sign or other signboard) for parking of vehicles of that type; and

(b) provided by any licensee, class licensee, the Government or a public authority for the parking of vehicles of that type.

(3)  To avoid doubt, a reference in this Act to an offence under this Act or a provision of this Act includes a reference to an offence under the Regulations or to a provision of the Regulations, as the case may be.

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 hiring the vehicle under a hire‑purchase agreement but includes any of the following:

(a) the hire of a vehicle for use on a single occasion, or the hire of a vehicle or different vehicles on multiple occasions within a fixed period;

(b) the hire of the vehicle as a free gift, or with the supply of any other goods or services as a free gift;

(c) the hire of the vehicle as a prize in any lottery, raffle, draw, game or competition held in Singapore;

(d) the hire of the vehicle to the general public as a free example or demonstration of a shared mobility service;

(e) the hire (with or without consideration) of the vehicle to an employee for the performance of employment duties or an outworker under an outwork arrangement;

“hirer” includes a prospective hirer of a vehicle;

“outwork arrangement” means a contract, an agreement, understanding or other arrangement of any kind (whether written or unwritten) with a contractor —

(a) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and

(b) that is not a contract of employment;

“outworker” means an individual who performs work under an outwork arrangement;

“provide a shared mobility service” means providing a shared mobility service in the course of business, whether or not the primary function of the business is connected to shared mobility services;

“shared mobility service” means —

(a) a service provided using vehicles of a type prescribed by Regulations, under which an individual —

(i) can hire on-demand a vehicle of that type when it is standing or exposed undocked in a public place for hire by the general public to ride on wholly or partly in a public place, and can end the hiring of the vehicle undocked in or at any public place;

(ii) can hire on-demand a vehicle of that type when it is standing or exposed undocked (whether or not in a public place) for hire by the general public or otherwise to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place;

(iii) can hire a docked vehicle of that type to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place;

(iv) can make a booking to hire as described in sub‑paragraph (i), (ii) or (iii) a vehicle of that type to ride on wholly or partly in a public place, whether immediately or at a later time; or

(b) a service that involves facilitating the making and taking of bookings to hire as described in paragraph (a)(i), (ii) or (iii) any vehicle of a type prescribed by Regulations,

but excludes any service of a kind that the Regulations prescribe is not a shared mobility service.

(2)  In this Act, a vehicle is treated as undocked if the vehicle is parked or permitted to remain at rest without a rider in or at a place —

(a) that is outdoors or in an unenclosed shelter; and

(b) other than in or at a vehicle docking station or installation that —

(i) is attached permanently to the ground; and

(ii) is installed or provided by a person for the exclusive use of that person’s customers and can only be used by those customers.

(3)  In this Act, a vehicle is treated as docked if the vehicle is parked or permitted to remain at rest without a rider in circumstances not described in subsection (2).

(4)  For the purpose of determining whether a person provides a shared mobility service in Singapore, it does not matter —

(a) that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the service; or

(b) that the provider of the shared mobility service is located outside Singapore, if the vehicle hired under that service is hired for riding wholly or partly within Singapore.

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 provision of shared mobility services; and

(c) to enable the development and operation of innovative and accessible shared mobility services which contribute to the mobility and safety of people in Singapore.

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 Government or is acting in any other similar capacity for, or on behalf of, the Government.

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 of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act.

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 imposed upon it by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to any conditions or limitations that the LTA may specify; and any reference in that provision of this Act to the LTA includes a reference to such an authorised officer.

PART 2

UNAUTHORISED ACTIVITIES

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) is a strict liability offence.

(3)  A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(4)  For the purposes of this section —

(a) a licensee is not authorised by its licence to provide a shared mobility service during the period the licence is suspended under section 29; and

(b) a class licensee is not authorised by its class licence to provide a shared mobility service during the period the application of the class licence to that class licensee is suspended under section 29.

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 service.

(2)  The offence under subsection (1) is a strict liability offence.

(3)  A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(4)  For the purposes of this section, it is not material whether the accused is a licensee or class licensee.

PART 3

SHARED MOBILITY SERVICES LICENSING

Division 1 — Licences

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 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 type of vehicle used or to be used in the provision of the shared mobility service; and

(e) be accompanied by the prescribed information and any other additional information that the LTA requires to decide on the application.

(3)  In addition, an application to renew a licence must be made no later than a prescribed period before the date of expiry of the licence, unless otherwise allowed by the LTA in any particular case which must then be treated as a late renewal application.

(4)  The LTA may refuse to consider an application for or to renew a licence —

(a) that is incomplete or not made in accordance with this section;

(b) where an inspection mentioned in subsection (5) in relation to the application is refused; or

(c) where a safety directive is in force.

(5)  Upon receiving an application for or to renew a 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, which may include an inspection of either or both the following:

(a) the land or premises on or at which the applicant intends either or both the following:

(i) to provide the shared mobility service in the application;

(ii) to place any vehicle or carry out any activity in connection with the provision of that shared mobility service;

(b) any vehicle, equipment or other thing which the applicant intends to use to provide the shared mobility service in the application.

(6)  A person commits an offence if the person, being an applicant for the grant of a 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.

(7)  A person who is guilty of an offence under subsection (6) 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 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.

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 pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence.

(3)  If a licensee 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 licence must be in the form the LTA determines.

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 type of vehicles which may be made available by the licensee for hiring in the provision of the shared mobility service authorised by the licence;

(b) fixing the maximum or minimum number, or both, of the vehicles which the licensee, during the validity period of the licence or any part of that period —

(i) may offer or expose for hiring; or

(ii) may allow the hiring of which to end undocked,

or both;

(c) fixing the area in Singapore within which the licensee may provide the shared mobility service authorised by the licence;

(d) requiring a serial number to be engraved on or affixed to every vehicle used or to be used by the licensee to provide the shared mobility service authorised by the licence;

(e) requiring the licensee to provide parking spaces for the type of vehicles used or to be used by the licensee in providing the shared mobility service authorised by the licence;

(f) requiring the licensee to take, so far as is reasonably practicable, any measures that are necessary to ensure that, for every vehicle hired from the licensee in the course of providing the shared mobility service, the rider of the vehicle has attended and successfully completed a prescribed test of competence to ride the vehicle which is the subject of the hiring;

(g) 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);

(h) requiring the licensee —

(i) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfies the prescribed qualifications; and

(ii) to provide the name, address and contact details of the representative or representatives so nominated;

(i) requiring the furnishing 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 standard of performance applicable to the licensee;

(ii) to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both; or

(iii) to meet any cost or expenses 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;

(j) 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 this Act or a standard of performance applicable to the licensee;

(ii) the conditions of the licence granted to that licensee; or

(iii) a direction given under this Act or a safety directive; and

(k) prohibiting the collection of deposits from hirers of vehicles used in the provision of the shared mobility service by the licensee.

(3)  An audit referred to in subsection (2)(j) must be carried out by authorised officers or other officers of the LTA or such qualified individuals approved by the LTA for that purpose.

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 modification in the manner as specified in the notice; and

(b) specifying the time (being not less than 14 days from 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 referred to in subsection (2), the LTA must consider that representation and may —

(a) reject the representation;

(b) amend the proposed modification of any condition of a licence 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 any condition of a 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 that subsection is subsequently withdrawn,

the LTA must issue a written direction 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.

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 prescribed; and

(c) be accompanied by such prescribed information and any other additional information that the LTA requires to decide on the application.

(3)  However, an application under subsection (1) must be made no later than 9 months (or such longer or shorter period as may be prescribed in substitution) before the date of expiry of the licence concerned.

(4)  The LTA may refuse to consider an application under subsection (1) to modify the condition of the licensee’s licence where the application is incomplete or not made in accordance with this section.

(5)  After considering any application under subsection (1) and whether a safety directive is in force, the LTA may do either of the following:

(a) on payment of a fee (if prescribed) to modify a licence condition in subsection (1), modify other relevant conditions of the licence and grant the licensee the modification applied for;

(b) refuse to modify the licence condition in the application.

(6)  Sections 11(2), (3), (4) and (5) and 13(2)(i) apply, with the necessary modifications, to every application under subsection (1) as if the application were an application for or to renew a licence.

(7)  A person commits an offence if the person, being an applicant under subsection (1) to modify any condition of the licensee’s 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.

(8)  A person who is guilty of an offence under subsection (7) 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.

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 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 14(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 purported transfer or assignment, of a 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 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.

Division 2 — Class licences

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 specified period or indefinitely, or to an extent specified in that order; and

(b) subject to any conditions that may be specified in that order.

(2)  To avoid doubt, there may be more than one class licence determined, and according (but not limited) to any of the following:

(a) the construction or type of vehicle used in providing a shared mobility service;

(b) the type of shared mobility service;

(c) the number of vehicles used or intended to be used in providing a shared mobility service;

(d) the place where a shared mobility service is being or is to be provided.

(3)  An order under subsection (1) continues in force, unless it is revoked, for such period as may be specified in the order.

(4)  The provision of a shared mobility service by a class licensee to which an order under subsection (1) applies is deemed authorised by this Act if it is done in accordance with the conditions of the order.

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.

(2)  Before varying a class licence determined under an order made under section 17(1) or revoking such an order, the LTA must, unless it considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that —

(a) states that the LTA proposes to vary the class licence, or to end the class licence;

(b) describes the proposed variation or ending; and

(c) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least 14 days after the date of publication of the notice.

(3)  A notice under subsection (2) must be published on the LTA’s website or in one or more other forms that are readily accessible by the public.

(4)  The LTA must, before varying a class licence determined under an order under subsection (1) or revoking such an order, give due consideration to any representations made to the LTA pursuant to the notice given in accordance with subsection (2).

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 insofar as the LTA consents to the class licensee doing or not doing them;

(b) to refer for determination by the LTA such questions arising under the class licence or of a description specified;

(c) to take, so far as is reasonably practicable, any measures that are necessary to ensure that, for every vehicle hired from the class licensee in the course of providing a shared mobility service, the rider of the vehicle has attended and successfully completed a prescribed test of competence to ride the vehicle which is the subject of the hiring;

(d) to provide information and reports to the LTA about the class licensee and the shared mobility service it provides;

(e) to provide the LTA —

(i) an address in Singapore at which notices and other documents under this Act for the class licensee may be served; or

(ii) the name and address of one or more persons in Singapore authorised by the class licensee to accept on the class licensee’s behalf service of notices and other documents under this Act;

(f) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfies the prescribed qualifications, and to provide the LTA the name, address and contact details of the representative or representatives so nominated.

(2)  In particular, a class licence may provide that the class licence applies to a person subject to a condition precedent that requires that person —

(a) to notify the LTA about the person’s identity and other particulars about the shared mobility services provided by the person; and

(b) to pay a charge to the LTA for receiving the notification.

PART 4

BUSINESS OPERATION REQUIREMENTS

Division 1 — Management controls and record-keeping

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, partnership, limited liability partnership or unincorporated association (as the case may be) within the prescribed period after the date of resignation or removal, as the case may be; or

(b) the death of any of its officers within the prescribed period after the date the licensee becomes aware of that death.

(2)  To avoid doubt, this section applies even though a licence is suspended pursuant to section 29.

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) for 5 years after the end of the period to which they relate;

(c) within the prescribed period after the close of a financial year of the licensee, give the LTA those accounts and statements duly audited by an auditor approved by the LTA; and

(d) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the licensee mentioned in paragraph (a), for such period and in such manner as prescribed in the Regulations.

(2)  A licensee must not prepare any accounts or statements required by subsection (1) in such a way that they do not correctly record and explain the matters or things to which they relate.

(3)  A licensee —

(a) who is subject to any requirement under subsection (1) or (2); and

(b) who intentionally or negligently contravenes the requirement,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4)  Regulations may be made to vary the period mentioned in subsection (1)(b).

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 period and in the manner specified in the licence, information that is relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the licence granted to the licensee.

(2)  A class licensee providing a shared mobility service to which an order under section 17 (including as varied under section 18) applies 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 order; and

(b) give to the LTA, within the period and in the manner prescribed, information that is relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the order.

(3)  A person who is subject to a requirement under subsection (1) or (2) to keep and retain or give any record or information commits an offence if the person —

(a) intentionally or negligently contravenes the requirement under subsection (1) or (2) to keep, retain or give;

(b) intentionally alters, suppresses or destroys any record or information which the person is required under subsection (1) or (2) to keep, retain or give; or

(c) who, in keeping, retaining or giving the record or information required under subsection (1) or (2), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement.

(4)  A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000.

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 purpose of subsection (4).

(2)  Under an information sharing arrangement mentioned in subsection (1), each party to the arrangement, despite any other Act, is authorised —

(a) to request and receive information held by the other party to the arrangement; and

(b) to disclose information to the other party,

but only to the extent that the information is reasonably necessary to assist in the exercise of any power under subsection (4).

(3)  However, the information to which an information sharing arrangement mentioned in subsection (1) may relate is limited to the following:

(a) information concerning possible improper parking in public places by hirers of vehicles which were hired from licensees who are party to the arrangement;

(b) information about hirers in respect of whom a power under subsection (4) has been exercised by any licensee which is party to the arrangement;

(c) other information prescribed.

(4)  Every licensee —

(a) is entitled to refuse to hire or further hire for a period not exceeding a prescribed period to any individual any undocked vehicle used by the licensee to provide a shared mobility service where the licensee has reasonable grounds to believe that the individual persistently improperly parks vehicles (whether or not hired from the same licensee) in public places; and

(b) must refuse to hire or further hire to a particular individual for a period not exceeding a prescribed period any undocked vehicle used by the licensee to provide a shared mobility service, where directed by the LTA under section 25.

(5)  For the purpose of subsection (4), an individual seeking at any time in a year to hire to ride an undocked vehicle (called vehicle A) from a licensee may be treated by the licensee as an individual who persistently improperly parks vehicles in public places if, pursuant to an information sharing arrangement mentioned in subsection (1), the licensee reasonably believes the individual to have, upon ending any hiring of a vehicle from the licensee or another licensee, improperly parked in any public place a vehicle on at least 3 earlier occasions within the year —

(a) where any vehicle involved in the earlier occasions is of the same type as vehicle A or is of a prescribed class within which vehicle A falls; and

(b) after disregarding all other occasions of improper parking in public places before that year.

(6)  Despite subsection (5), if an individual is refused by a licensee under subsection (4) the hire or further hire of a vehicle, all occasions which counted towards that refusal must be disregarded for the purposes of subsequent determinations by any licensee as to whether that individual is or is not an individual who persistently improperly parks vehicles in public places.

(7)  Regulations may be made to vary, for any year, the number of occasions mentioned in subsection (5).

Division 2 — Standards of performance and directions

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, any document prepared by a person other than the LTA if the LTA considers the document as suitable for this purpose; or

(c) amend or revoke any standard of performance issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2)  The matters for the purposes of subsection (1) include any of the following:

(a) the design, construction, use and deployment of the vehicles owned or made available by a licensee or class licensee in providing a shared mobility service;

(b) measures directed towards ensuring the maintenance of and keeping safe and roadworthy vehicles made available by a licensee or class licensee in providing the shared mobility service;

(c) the extent, hours and general level of service by the licensee or class licensee to hirers, including hirer handling‑related facilities, systems and services;

(d) measures to deal with customer complaints and lost property found in vehicles made available by the licensee or class licensee in providing the shared mobility service, and the processes to handle and dispose of these complaints and property;

(e) measures to deal with safety and safety incidents and accidents involving vehicles made available by the licensee or class licensee in providing the shared mobility service, and reporting to the LTA those safety incidents and accidents;

(f) measures to discourage indiscriminate parking by hirers of vehicles in public places at the end of hiring, which may include prices and the use of geo‑fencing technology;

(g) measures necessary for —

(i) the installation, maintenance and keeping in a state of good and serviceable repair vehicle location devices affixed to each vehicle used or to be used to provide shared mobility services; and

(ii) locating, distributing and collecting vehicles parked or apparently abandoned in public places;

(h) performance standards relating to the provision of shared mobility services and the quality of other aspects of the provision of the shared mobility service, such as minimum service levels, and performance outcomes for regularity and accessibility of the shared mobility service and of customer information and service;

(i) the provision of estimates, publication and display of deposits and hiring charges (including payment surcharges) for or in connection with the provision of the shared mobility service;

(j) measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency;

(k) other performance standards relating to shared mobility services.

(3)  A standard of performance may, in particular, specify the duties and obligations of any licensee or class licensee in relation to its business operation insofar as it relates to the provision of shared mobility services in Singapore.

(4)  If any provision in any standard of performance is inconsistent with any provision of this Act or the Regulations, that provision, to the extent of the inconsistency —

(a) is to have effect subject to this Act and the Regulations; or

(b) having regard to this Act and the Regulations, is not to have effect.

(5)  Where a standard of performance is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must —

(a) give notice of the issue, approval, amendment or revocation (as the case may be) of the standard of performance to every licensee or class licensee to whom the standard of performance applies;

(b) specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c) ensure that, so long as the standard of performance remains in force, copies of that standard of performance, and of all amendments to that standard of performance, are available for inspection, free of charge, by the licensees or class licensees to whom the standard of performance applies.

(6)  No standard of performance, no amendment to an approved standard of performance, and no revocation of any approved standard of performance, has any force or effect as an approved standard of performance until the notice relating thereto is given in accordance with subsection (5).

(7)  A standard of performance issued or approved under this section does not have legislative effect.

(8)  Subject to subsection (9), every licensee and class licensee must comply with the standards of performance applicable to the licensee or class licensee.

(9)  The LTA may, for such time as the LTA may specify, waive the application of any standard of performance or part of a standard of performance, issued or approved under this section to any particular licensee or class licensee.

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 case may be;

(b) the safety or roadworthiness of the vehicles used in connection with the provision of shared mobility services authorised by the licensee’s licence or class licence, as the case may be; or

(c) any matter affecting the interests of the public in connection with the shared mobility service provided by the licensee or class licensee.

(2)  A direction given under subsection (1) —

(a) may require the licensee or class licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including (for a licensee) refusing to hire or further hire vehicles to any particular hirer;

(b) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c) may be revoked at any time by the LTA.

(3)  However, a direction requiring a licensee or class licensee to refuse to hire or further hire vehicles to a particular hirer —

(a) must not have an expiry date that is longer than the prescribed period mentioned in section 23(4)(b); and

(b) may only be given with respect to an individual who is convicted of, or has accepted a composition sum offered with respect to, any of the following offences committed or allegedly committed on or after 22 July 2020:

(i) an offence under section 21 or 22 of the Active Mobility Act 2017;

(ii) an offence under section 5A of the Road Traffic Act 1961;

(iii) an offence under the Parking Places Act 1974 or any rules made under that Act involving improper parking of vehicles hired from any licensee or class licensee.

(4)  A direction under this section continues in force until the earlier of the following occurs:

(a) the expiry date (if any) stated in the direction is reached;

(b) the LTA revokes the direction.

(5)  Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee or class licensee concerned —

(a) stating that the LTA intends to give a direction to the licensee or class licensee under this section and the nature of the direction; and

(b) specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(6)  However, subsection (5) does not apply where —

(a) a safety directive is in force and the proposed direction is occasioned by the directive; or

(b) the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with subsection (5).

(7)  The LTA may, after considering any written representation made pursuant to subsection (5)(b), decide to give or not to give the direction as the LTA considers appropriate.

(8)  The LTA must serve on the licensee or class licensee concerned a notice of its decision under subsection (7).

(9)  Every licensee or class licensee must comply with every direction given under this section to the licensee or class licensee as soon as it takes effect.

(10)  No civil or criminal liability is incurred by the licensee or class licensee, or an officer, employee or agent of the licensee or class licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.

Division 3 — Safety directives

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

(b) of serious damage to any property from the provision of any shared mobility service.

(2)  The Minister may give a safety directive made under this section to all or any of the following, individually or as a class:

(a) a licensee;

(b) a class licensee;

(c) a provider of a shared mobility service which is exempt under section 47.

(3)  In making a safety directive under this section, it is not necessary for the Minister to give any person who may be affected by the directive a chance to be heard before the directive is given.

(4)  A safety directive may be in force for a period not exceeding 6 months unless earlier revoked under subsection (5), and may be renewed by the Minister once only for a further period not exceeding 6 months.

(5)  The Minister may, at any time when any safety directive is in force, revoke the safety directive by giving notice of that revocation in the same manner as the directive was given.

(6)  So far as any safety directive is inconsistent with any Regulations, the safety directive prevails.

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 is sufficiently given if it is —

(a) served on each of the persons in the class in the manner prescribed in section 46; or

(b) published both —

(i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, will be most likely to bring the directive to the attention of the persons who belong to the class; and

(ii) on the LTA’s official website.

(4)  Once such a safety directive is made and given under this section, the Minister must also publish the making of the directive in a manner that the Minister thinks will secure adequate publicity for the fact of making and giving of the safety directive.

(5)  However, failure to publish a safety directive under subsection (4) does not invalidate the directive.

(6)  A safety directive that is given —

(a) in accordance with subsection (2) takes effect when it is served;

(b) in accordance with subsection (3)(a) takes effect when it is served on all the persons in the class in question; and

(c) in accordance with subsection (3)(b) takes effect at the beginning of the day after the date on which subsection (3)(b) has been complied with.

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 mobility service within any part of Singapore.

(2)  A person to whom a safety directive is given and who is required by the directive 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, commits an offence if the person intentionally or negligently fails to comply with the directive.

(3)  A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.