Active Mobility (Registration of Registrable Personal Mobility Devices) Regulations 2019

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 13
Active Mobility Act 2017
(ACT 3 OF 2017)
Active Mobility (Registration of Registrable
Personal Mobility Devices) Regulations 2019
In exercise of the powers conferred by section 67 of the Active Mobility Act 2017, the Land Transport Authority of Singapore, with the approval of the Minister for Transport, makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Active Mobility (Registration of Registrable Personal Mobility Devices) Regulations 2019 and come into operation on 2 January 2019.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“alter”, in relation to a registration mark or identification mark, includes to deface or mutilate the mark;
“applicant” means the person who makes an application to the Authority, or the person on whose behalf an application is made by an agent;
“application” means —
(a)an application to register a registrable personal mobility device;
(b)an application to register as a registered responsible person of a registrable personal mobility device;
(c)a joint application to transfer the registration of a registered responsible person for a registrable personal mobility device from a transferor to a transferee;
(d)an application under regulation 11 or 12 to transfer the registration of a registered responsible person for a registrable personal mobility device; or
(e)an application to cancel the registration of a registrable personal mobility device under section 28D of the Act;
“certification mark”, for a PMD, means a sign, mark or label used to distinguish a PMD certified by the proprietor of that sign, mark or label in relation to the safety standard with which the PMD has been built in conformity, from other personal mobility devices not so certified;
“contact address” means the address of —
(a)for a partnership (other than a limited liability partnership), the partnership’s principal place of business in Singapore;
(b)for a body corporate, the body corporate’s registered office or principal office in Singapore;
(c)for an unincorporated association, the unincorporated association’s principal office in Singapore;
(d)for an individual carrying on business as a sole proprietor, the individual’s principal place of business in Singapore; or
(e)for any other individual, the individual’s place of residence or workplace in Singapore;
[Deleted by S 244/2020 wef 03/04/2020]
“entity” means a corporation or partnership or an unincorporated association;
“false identification mark” means a label, adhesive or other document that is so nearly resembling an identification mark as to be calculated to deceive;
“false registration mark” means —
(a)a label, adhesive or other document that is not a registration mark issued by the Authority but purports to be a registration mark; or
(b)a registration mark that has been altered by a person who is not authorised by the Authority to alter that mark;
“gain” means —
(a)a gain in property or a supply of services (whether temporary or permanent); or
(b)an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;
“identification details”, for a registrable PMD, means the following information:
(a)the unique registration code of the PMD when it is registered;
(b)the make and model of the PMD;
(c)whether the PMD has seats;
(d)the number of wheels of the PMD;
(e)the colour of the PMD;
“identification mark”, for a registrable PMD, means an identification mark required by section 28G(1)(b) of the Act to be made and affixed to the registrable PMD when registered;
“loss” means —
(a)a loss of property or a supply of services (whether temporary or permanent); or
(b)any deprivation of an opportunity to earn remuneration or greater remuneration or an opportunity to gain a financial advantage otherwise than by way of remuneration;
“public duty” means a function that is given to —
(a)a public officer;
(b)the Authority, an authorised officer, an outsourced enforcement officer, a public path warden or a volunteer public path warden in the exercise of powers or performance of functions under the Act; or
(c)an employee or a member of another public authority established by or under written law for the purposes of a public function;
“registrable PMD” means a registrable personal mobility device;
“registration mark”, for a registered registrable PMD, means a registration mark —
(a)that is issued under section 28C(2)(b) of the Act to the registered responsible person for the registrable personal mobility device; and
(b)that indicates the unique registration code for that PMD;
“requisite minimum age” means 16 years of age;
[Deleted by S 244/2020 wef 03/04/2020]
“stem”, for a PMD, means the stem which is integral to the construction of the PMD;
“unique registration code”, for a registered registrable PMD, means the registration code assigned under section 28C(2)(a) of the Act for that PMD;
“valid receipt” means a receipt for the sale of a personal mobility device, being a receipt that —
(a)is an original document or a photocopy or other facsimile of the original document;
(b)is dated; and
(c)contains —
(i)the name and other identifying particulars of the relevant seller; and
(ii)the description of the personal mobility device to which it relates.
PART 2
REGISTRATION OF REGISTRABLE
PERSONAL MOBILITY DEVICE
Person eligible to be registered responsible person to be applicant
3.  Only a person who is eligible to be the registered responsible person of a registrable personal mobility device may apply to the Authority for registration of the registrable personal mobility device.
Eligibility to be registered responsible person
4.  A person is eligible to be the registered responsible person for a registrable personal mobility device only if the person is —
(a)an individual who —
(i)has attained the requisite minimum age; and
(ii)has a contact address in Singapore; or
(b)an entity with a contact address in Singapore.
Information for application to register registrable PMD
5.—(1)  An application to register a registrable personal mobility device must contain or be accompanied by —
(a)the identity and contact address of the applicant;
(b)the age of the person (if an individual) seeking to be registered as the responsible person for the PMD;
(c)the identification details of the registrable personal mobility device;
(d)a declaration that the registrable personal mobility device is not a non-compliant personal mobility device;
(da)a declaration that the registrable personal mobility device is not registered and that no other application has been made to the Authority for registration of the same registrable personal mobility device;
[S 471/2019 wef 01/07/2019]
(db)a certification of inspection that is issued under section 35C(1) of the Act relating to the registrable personal mobility device and that is in force;
[S 244/2020 wef 03/04/2020]
(e)a colour photograph of —
(i)the registrable personal mobility device; and
(ii)the certification mark on or affixed to the device, if there is any;
(f)an application fee of $20; and
(g)any other information specified by the Authority to decide on the particular application.
(2)  [Deleted by S 546/2019 wef 06/08/2019]
(3)  The Authority may request an applicant seeking to register a personal mobility device to provide evidence, in a form approved by the Authority, verifying any of the following:
(a)the identity of the applicant;
(b)the age of the applicant if an individual;
(c)that the personal mobility device is not a non-compliant personal mobility device.
[S 546/2019 wef 06/08/2019]
(d)[Deleted by S 546/2019 wef 06/08/2019]
Inspection of PMD
6.—(1)  On receiving an application under regulation 5(1) for a registrable personal mobility device, the Authority may carry out, or require the applicant to arrange to be carried out within a time specified, an inspection of the personal mobility device at such place and by such persons as specified by the Authority.
(2)  Without limiting regulation 19, the Authority may refuse to consider an application to register a registrable personal mobility device if the applicant refuses or fails, without reasonable excuse, to arrange to be carried out an inspection of the personal mobility device as required by the Authority under paragraph (1).
Determining application to register registrable PMD
7.  The Authority may refuse an application for registration of a registrable PMD if —
(a)the PMD is a non-compliant personal mobility device;
[S 546/2019 wef 06/08/2019]
(aa)there is no certification of inspection issued under section 35C(1) of the Act relating to the registrable personal mobility device, or the last such certification issued in relation to that registrable personal mobility device is not in force;
[S 244/2020 wef 03/04/2020]
(b)the Authority reasonably believes that —
(i)the PMD or a part of the PMD is or may be stolen;
(ii)information given in the application for registration is false or misleading;
[S 471/2019 wef 01/07/2019]
(iii)the PMD is being or is about to be used for an unlawful purpose;
(iv)the PMD is already registered; or
[S 471/2019 wef 01/07/2019]
(v)more than one application has been made to the Authority for registration of the same PMD;
[S 471/2019 wef 01/07/2019]
(c)the Authority has sought further information or supporting evidence in relation to the registration and the information or evidence has not been given to the Authority; or
(d)the Authority is not satisfied that the person to be registered as a responsible person for the PMD, if an individual, has attained the requisite minimum age.
PART 3
ALTERATION OF REGISTRATION STATUS
Division 1 — Transfer of registered responsible person
Obligation of transferor: initiating application for transfer
8.—(1)  A registered responsible person for a registrable personal mobility device who disposes of, or transfers immediate possession otherwise than temporarily, (called in these Regulations the transferor) to another person (called in these Regulations the transferee) a registrable personal mobility device which is registered must, within 7 days after disposing or transferring possession of the device —
(a)complete an application to transfer the registration of a registered responsible person for that personal mobility device, in the form approved by the Authority; and
(b)give, or cause to be given, to the transferee the completed form.
(2)  A registered responsible person for a registrable PMD commits an offence if the person —
(a)disposes, or transfers immediate possession otherwise than temporarily, of the PMD to another; and
(b)without reasonable excuse, fails to comply with paragraph (1) in relation to the registrable PMD.
(3)  A person who is guilty of an offence under paragraph (2) shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  To avoid doubt, this regulation does not apply to the passing of possession of a registrable personal mobility device —
(a)under any hiring (not being a hiring under a hire‑purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable personal mobility device;
(b)to an agent for the purposes of sale or disposal;
(c)to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the personal mobility device for the benefit of the bailee;
(d)in accordance with an order of a court or with any other legal process; or
(e)to and from a holder of a security interest in a registered registrable PMD in any circumstances in regulation 11 which require an application to transfer the registration of the registered responsible person for the PMD to be made.
Obligation of transferee: joint application for transfer
9.—(1)  A transferee, or the agent of a transferee, who acquires from a transferor a registrable PMD which is registered must, within 7 days after acquiring the PMD —
(a)complete the application to transfer the registration of a registered responsible person for that personal mobility device that the transferee is given by the transferor of that device under regulation 8; and
(b)apply to the Authority to transfer to the transferee the registration of a responsible person for that device.
(2)  An application to transfer the registration of a registered responsible person for a registrable personal mobility device must contain or be accompanied by —
(a)the identity and respective contact addresses of the transferor and transferee;
(b)a colour photograph of the registrable personal mobility device;
(c)an application fee of $7; and
(d)any other information specified by the Authority to decide on the particular joint application by the transferor and transferee.
(3)  The Authority may request the transferor or transferee or both of an application to transfer the registration of a registered responsible person for a registrable personal mobility device to provide evidence, in a form approved by the Authority, verifying —
(a)the identity of the transferor and transferee;
(b)the age of the transferee;
(c)when the PMD came into the ownership, or under the possession, of the transferee, such as a valid receipt for the purchase of the personal mobility device by the transferee, if applicable; and
(d)if the registrable personal mobility device is acquired in accordance with an order of a court or with any other legal process, the court order or process.
(4)  Where a transferee, without reasonable excuse, fails to comply with paragraph (1) in relation to a registrable PMD, the transferee shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(5)  To avoid doubt, this regulation does not apply to the passing of possession of a registrable personal mobility device —
(a)under any hiring (not being a hiring under a hire‑purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable personal mobility device;
(b)to an agent for the purposes of sale or disposal;
(c)to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the personal mobility device for the benefit of the bailee;
(d)in accordance with an order of a court or with any other legal process; or
(e)to and from a holder of a security interest in a registered registrable PMD in any circumstances in regulation 11 which require an application to transfer the registration of the registered responsible person for the PMD to be made.
Inspection of PMD
10.—(1)  On receiving a joint application under regulation 9 to transfer the registration of a registered responsible person for a registrable personal mobility device, the Authority may carry out, or require the transferor or the transferee or both to arrange to be carried out within a time specified, an inspection of the personal mobility device at such place and by such persons as specified by the Authority.
(2)  Without limiting regulation 19, the Authority may refuse to consider a joint application under this regulation to transfer the registration of a registered responsible person for a registrable personal mobility device if the transferor or transferee or both refuses or fails, without reasonable excuse, to arrange to be carried out an inspection of the personal mobility device as required by the Authority under paragraph (1).
Re-possession and restoration
11.—(1)  The holder of a security interest in a registered registrable PMD must notify the Authority, and apply to transfer the registration of the registered responsible person for the PMD, not more than 7 days after —
(a)taking possession of the PMD from the registered responsible person for the PMD; or
(b)returning possession of the PMD to the previous registered responsible person for the PMD.
(2)  The notice and application under paragraph (1) must be in a form approved by the Authority and be accompanied by an application fee of $7.
(3)  The holder of a security interest in a registered registrable PMD who, without reasonable excuse, fails to comply with paragraph (1) in relation to a registered registrable PMD, shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Transfer on death of registered responsible person
12.—(1)  On notification of the death of the registered responsible person of a registrable PMD, the Authority may transfer the registration of a responsible person to any person who applies to the Authority to transfer the registration of a responsible person for the registrable PMD if —
(a)the person proves to the satisfaction of the Authority that the person is reasonably entitled to the transfer; and
(b)an application fee of $7 is paid.
(2)  A transfer under this regulation may be cancelled by the Authority if, during the currency of the registration, any person produces probate of the will or letters of administration granted to the person for the estate of the deceased and applies, pursuant to the will or letters of administration, to have the registration of a registered responsible person for a registrable PMD transferred to a person other than the person to whom the registration as a responsible person for that PMD has been transferred under paragraph (1).
Determining transfer application
13.—(1)  The Authority may refuse a joint application under regulation 9, or an application under regulation 11 or 12, to transfer the registration of a registered responsible person for a registrable personal mobility device if —
(a)the personal mobility device is a non-compliant personal mobility device;
(b)the Authority is not satisfied that the person to whom the registration is proposed to be transferred, if an individual, has attained the requisite minimum age;
(c)the Authority reasonably believes that —
(i)the personal mobility device or a part of it is or may be stolen;
(ii)information given in the application is false or misleading; or
(iii)the personal mobility device is being or is about to be used for an unlawful purpose;
(d)the Authority reasonably believes that the ownership, possession, control or description of the registrable personal mobility device is uncertain;
(da)an order under section 47(1)(b) of the Act has been given with respect to the registrable personal mobility device and the order has not been complied with;
[S 244/2020 wef 03/04/2020]
(e)the Authority has sought further information or supporting evidence in relation to the transfer and the information or evidence has not been given to the Authority;
(f)the Authority reasonably believes that the possession of the registrable personal mobility device has not changed; or
(g)the Authority would refuse an application to register the registrable personal mobility device under these Regulations.
(2)  The Authority must refuse to register a transfer of the registration of a registered responsible person for a registrable PMD if an order of a court prohibits the transfer of the registration for the PMD, and the Authority has been notified of the order.
Division 2 — Other registration changes
Notification of change in identification details, etc.
14.—(1)  The registered responsible person for a registered registrable PMD must notify the Authority, in a form approved by the Authority, not more than 7 days after —
(a)a change in the registered responsible person’s name or contact address;
(b)a change in any identification detail of the PMD; or
(c)a change to the PMD that affects the accuracy of its description, or any particulars of registration relating to the PMD, in the registrable PMD register.
(2)  Where an individual has made a report of a change of the individual’s residential address under section 8 of the National Registration Act (Cap. 201), the individual is taken to have notified the Authority of the change in compliance with paragraph (1)(a) insofar as the provision relates to the contact address of the individual (but not as a sole proprietor).
(3)  The registered responsible person for a registered registrable PMD who, without reasonable excuse, fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Notification of total loss or destruction
15.—(1)  The registered responsible person for a registered registrable PMD that has been —
(a)destroyed or rendered beyond repair as a consequence of damage caused to the PMD by an accident or other occurrence; or
(b)assessed in a vehicle damage assessment as a total loss,
must notify the Authority of those matters, in a form approved by the Authority, and apply to cancel the registration of the PMD, not more than 14 days after their occurrence.
(2)  The registered responsible person for a registered registrable PMD who, without reasonable excuse, fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
PART 4
GENERAL PROVISIONS ON APPLICATIONS
AND REGISTRATION PROCESS
How to make applications
16.  An application must be made in a form approved by the Authority and be made in one of the following ways:
(a)at the business premises of a designated examiner authorised under section 35B of the Act as follows, between the hours of 8 a.m. and 5 p.m. (except Sundays and public holidays):
(i)JIC Inspection Services Pte Ltd at —
(A)53 Pioneer Road, Singapore 628505; or
(B)21 Ang Mo Kio Street 63, Singapore 569118;
(ii)STA Inspection Pte Ltd at —
(A)249 Jalan Boon Lay, Singapore 619523; or
(B)302 Sin Ming Road, Singapore 575627;
(iii)VICOM Ltd. at —
(A)385 Sin Ming Drive, Singapore 575718;
(B)501 Yishun Industrial Park A, Singapore 768732;
(C)20 Changi North Crescent, Singapore 499613;
(D)23 Kaki Bukit Avenue 4, Singapore 415933; or
(E)511 Bukit Batok Street 23, Singapore 659545;
[S 244/2020 wef 03/04/2020]
(b)in exceptional circumstances, at the office of the Authority at 10 Sin Ming Drive, Singapore 575701 during its business hours.
[S 244/2020 wef 03/04/2020]
(c)[Deleted by S 244/2020 wef 03/04/2020]
17.  [Deleted by S 244/2020 wef 03/04/2020]
Application may be made by agent
18.—(1)  An application may be made —
(a)by the applicant personally; or
(b)on behalf of the applicant by an agent.
(2)  The Authority may refuse to grant an application that appears to the Authority to be made on behalf of an applicant by an agent if the agent does not provide the Authority with —
(a)evidence of the agent’s identity in a form acceptable to the Authority; or
(b)a document evidencing the authority of the agent to act as agent for the applicant.
Incomplete or non-compliant applications
19.  The Authority may refuse to consider an application that is incomplete or not made in accordance with these Regulations.
Waiver, etc., of fees
20.  The Authority may, in any particular case it thinks fit —
(a)waive the whole or any part of any fee payable under these Regulations; or
(b)refund the whole or any part of any fee payable under these Regulations.
PART 5
REGISTRABLE PMD REGISTER
Maintenance of registrable PMD register
21.—(1)  For the purposes of section 28E(3) of the Act, where the Authority registers a registrable personal mobility device, the Authority must record in the registrable PMD register, in respect of the PMD —
(a)the name and contact address of the registered responsible person for the registrable PMD;
(b)the date of birth of the registered responsible person who is an individual;
(c)the PMD’s unique registration code;
(d)the identification details of the registrable personal mobility device;
(e)a colour photograph of the PMD;
(f)a colour photograph of the certification mark on or affixed to the PMD, if there is any marked or affixed to the PMD; and
(g)where provided in accordance with these Regulations, the valid receipt for the purchase of the personal mobility device by the registered responsible person or any other evidence provided about when the PMD came into the ownership, or under the possession, of the registered responsible person.
[S 546/2019 wef 06/08/2019]
(2)  The Authority may record in the registrable PMD register other information for —
(a)the purposes of the Act and these Regulations;
(b)the purposes of Part 3 of the Parking Places Act (Cap. 214); or
(c)any other purposes that the Authority considers appropriate.
Updating of registrable PMD register
22.—(1)  The Authority must record in the registrable PMD register any change in the registrable PMD’s description that is recorded in the registrable PMD register of which the Authority has been notified under the Act or these Regulations unless the Authority is satisfied that the description is false.
(2)  The Authority may require evidence in a form acceptable to the Authority verifying that the changes mentioned in paragraph (1) are correct.
(3)  If the Authority is notified or otherwise advised by the registered responsible person of a registrable PMD that the PMD has been disposed of, the Authority may make an entry in the registrable PMD register to that effect pending the receipt of a joint application under regulation 9 for the transfer of registration as a registered responsible person for that personal mobility device.
Requests for register searches
23.—(1)  The following persons are prescribed for the purposes of section 28E(5)(b) and (c) of the Act:
(a)a registered responsible person for a registered registrable PMD applying for information or a certification about that PMD;
(b)a police officer;
(c)an officer of any of the following Government departments, who is charged with the duty of investigating offences or charging offenders under written law:
(i)the Immigration & Checkpoints Authority;
(ii)the Singapore Civil Defence Force;
(iii)the Central Narcotics Bureau;
(iv)the Singapore Customs;
(v)the Ministry of Manpower;
(vi)the Ministry of Health;
(vii)the Ministry of Defence;
(viii)the Corrupt Practices Investigation Bureau;
(d)an officer of a public authority applying for information or a certification about any PMD for the purpose of performing the public authority’s functions and with the written approval of the chief executive (however designated) of that public authority;
(e)any of the following persons applying for information or a certification about any PMD for the purposes of any legal proceedings (including anticipated or pending legal proceedings):
(i)an employee of a Singapore law practice (within the meaning given by section 2(1) of the Legal Profession Act (Cap. 161)) which is approved by the Authority for the purposes of section 28E(5)(b) and (c) of the Act;
(ii)an officer of the Legal Aid Bureau.
(2)  A person mentioned in paragraph (1) is entitled to request a search of the registrable PMD register, and to obtain a certificate as to any matter appearing in the register, in respect of the PMD, on payment of the following, whichever is applicable:
(a)$27.25 for each successful online search for an entry in the registrable PMD register (whether or not an electronic copy or extract of the found entry is made);
[S 244/2020 wef 03/04/2020]
[S 975/2022 wef 19/12/2022]
[S 3/2024 wef 01/01/2024]
(b)$19.62 for each non-online search for an entry in the registrable PMD register (including a printed copy or extract of the found entry);
[S 244/2020 wef 03/04/2020]
[S 3/2024 wef 01/01/2024]
(c)$5.45 for certifying by an authorised officer a copy or an extract of an entry in the registrable PMD register found by a non-online search.
[S 244/2020 wef 03/04/2020]
[S 3/2024 wef 01/01/2024]
Offences connected with register
24.—(1)  A person commits an offence if the person —
(a)enters, or causes to be entered, in the registrable PMD register any information which the person knows or ought reasonably to know is false;
(b)makes, or causes to be made, any change to an entry in the registrable PMD register which the person knows or ought reasonably to know renders the information in the register false; or
(c)makes, or causes to be made, any thing purporting to be a copy of an entry in the registrable PMD register and the person knows or ought reasonably to know the entry or thing to be false.
(2)  A person who is guilty of an offence under paragraph (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
 
Made on 2 January 2019.
CHAN HENG LOON ALAN
Chairman,
Land Transport Authority of Singapore.
[LTA/L18.056.002/DVT/FH/AMR1; AG/LEGIS/SL/2C/2015/4 Vol. 1]
(To be presented to Parliament under section 67(4) of the Active Mobility Act 2017).

Archived for legal research. Authoritative version at sso.agc.gov.sg.