PART IV | RE-EXAMINATION AND RECTIFICATION NOTICES |
| Re-examination of motor vehicle |
| 12.—(1) The Director-General may, at any time by notice in writing, require the owner of any motor vehicle that is in use (whether registered in Singapore or elsewhere and whether brought temporarily into Singapore or otherwise) to submit the vehicle, at such place and such time as may be specified in the notice, for a re-examination for the purpose of determining whether the vehicle still conforms to the applicable prescribed standards. [S 57/2019 wef 31/01/2019] | (2) Every motor vehicle that is submitted for re-examination pursuant to a notice under paragraph (1) shall be examined for the purpose of ascertaining whether the motor vehicle conforms to all the applicable prescribed standards at the date of such re-examination. |
(3) After the re-examination under this regulation is completed, the approved vehicle examiner shall —| (a) | issue a certificate of compliance to the owner of the motor vehicle re-examined if he is satisfied that the vehicle conforms to all the applicable prescribed standards at the date of such re-examination; or | | (b) | if he is not so satisfied, refuse to issue a certificate of compliance and issue instead an inspection report to the Director-General and to the owner of the motor vehicle re-examined containing the detailed results of the re-examination. |
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| (4) Any person who, without the permission of the Director-General, makes any alteration to any certificate of compliance or inspection report issued under paragraph (3) shall be guilty of an offence. |
| (5) Any such certificate of compliance or inspection report that contains any unlawful alteration shall be invalid. |
| (6) Any owner of a motor vehicle who fails to comply with the notice of the Director-General under paragraph (1) shall be guilty of an offence unless he satisfies the court that, owing to some mechanical breakdown or other sufficient reason, the vehicle cannot be submitted for re-examination under this regulation. |
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| Appeal on refusal of certificate of compliance |
13.—(1) Any person who is aggrieved by the refusal of a certificate of compliance under regulation 12(3)(b) may appeal to the Director-General within 24 hours from the time of the notification of such refusal.| (2) Every appeal shall be made in writing on a form approved by the Director-General. |
| (3) The Director-General shall, as soon as reasonably practicable after the receipt of an appeal under paragraph (1), send a notice to the appellant stating the place and time the re-examination for the purposes of the appeal will be conducted. |
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14.—(1) The place selected by the Director-General for a re-examination for the purposes of an appeal may be at such other approved vehicle testing station as the Director-General thinks fit.| (2) The motor vehicle shall be submitted to another approved vehicle examiner specially appointed by the Director-General for re-examination for the purposes of an appeal and at the place and time specified in the notice under regulation 13(3) unless otherwise specified by the Director-General. |
(3) A person submitting a motor vehicle for re-examination for the purposes of an appeal shall, if requested to do so by an approved vehicle examiner specially appointed by the Director-General to carry out the re-examination —| (a) | produce to that specially appointed approved vehicle examiner the inspection report issued under regulation 12(3)(b) by the other approved vehicle examiner in respect of the vehicle, and the registration document relating to the vehicle or any other evidence of the date of its first registration; and | | (b) | give to that specially appointed approved vehicle examiner such information as he may reasonably require in connection with the carrying out of the re-examination relating to any alteration or repair carried out, or other event occurring, since the issue of the inspection report, which may have affected the vehicle or any of its equipment or accessories. |
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| (4) The specially appointed approved vehicle examiner shall not be required to carry out any re-examination on appeal unless the report, document and information referred to in paragraph (3) are produced or given. |
(5) The specially appointed approved vehicle examiner shall, on completion of a re-examination under this regulation —| (a) | issue a certificate of compliance to the owner of the motor vehicle if he is satisfied that the vehicle conforms to all the applicable prescribed standards at the date of such re-examination; or | | (b) | refuse to issue a certificate of compliance if he is not satisfied that the vehicle conforms to all the applicable prescribed standards at the date of such re-examination, and immediately notify the Director-General of his decision. |
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| (6) The decision of the specially appointed approved vehicle examiner on a re-examination under this regulation shall be final. |
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15.—(1) The Director-General shall immediately issue a rectification notice to the owner of the motor vehicle concerned —| (a) | after receipt of an inspection report issued under regulation 12(3)(b) if no appeal under regulation 13(1) is made; or | | (b) | if such an appeal is made, after receipt of a notification under regulation 14(5)(b) of a specially appointed approved vehicle examiner’s refusal to issue a certificate of compliance following a re-examination of the motor vehicle on that appeal. [S 57/2019 wef 31/01/2019] |
| (2) The Director-General may also issue a rectification notice to the owner of any motor vehicle that is in use (whether registered in Singapore or elsewhere and whether brought temporarily into Singapore or otherwise) where it appears to him that the motor vehicle has been used contrary to any provision in these Regulations. [S 57/2019 wef 31/01/2019] |
(3) A rectification notice shall state —| (a) | in what respect the motor vehicle is found not to satisfy any requirement of the applicable prescribed standard; and [S 57/2019 wef 31/01/2019] | | (b) | that, unless the motor vehicle is submitted for a further examination by an approved vehicle examiner at an approved vehicle testing station and within such period as may be specified in the rectification notice and is found at that further examination to conform to all the applicable prescribed standards, the rectification notice will remain in force for that motor vehicle with effect from the date of the notice. |
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| (4) Except as otherwise provided in paragraph (5), no person shall use on a road at any time, or cause or permit to be so used, a motor vehicle in respect of which there is a rectification notice in force. |
(5) A motor vehicle in respect of which there is a rectification notice in force may be used —| (a) | on a journey for the purpose of effecting repairs thereto and its further examination at an approved vehicle testing station in accordance with the notice; or | | (b) | for such period and under such other circumstances as the Director-General may expressly authorise its continued use. |
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(6) The Director-General shall cancel any authorisation granted under paragraph (5)(b) for the continued use of a motor vehicle in respect of which a rectification notice is in force if the motor vehicle —| (a) | is not submitted for a further examination in accordance with the terms of the rectification notice; or | | (b) | is found at that further examination to still not conform to all the applicable prescribed standards. |
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| (7) Any person who contravenes paragraph (4) shall be guilty of an offence. |
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| Re-examination by approved vehicle examiners, etc. |
16.—(1) Except where otherwise provided, any re-examination under regulation 12 or 14 and any further examination pursuant to a rectification notice under regulation 15(3) shall be carried out by vehicle examiners and at vehicle testing stations approved under this regulation only.(2) Every application for approval shall —| (a) | be made to the Director-General; and | | (b) | be signed by the vehicle examiner or a person duly authorised to do so on its behalf if the vehicle examiner is a firm or body corporate. |
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| (3) The Director-General may require a separate application for approval to be made in respect of each of the vehicle testing stations at which a vehicle examiner intends to carry out any re-examination of motor vehicles under regulation 12 or 14 or further examination under regulation 15(3), as the case may be. |
(4) On receipt of an application under paragraph (2) from a vehicle examiner, the Director-General may, after making such investigation and carrying out such inspection as he considers necessary —| (a) | approve, with or without conditions, the vehicle examiner for the purpose of carrying out any re-examination or further examination of motor vehicles under regulation 12, 14 or 15(3), as the case may be, in respect of any class or classes of motor vehicles; or | | (b) | reject the application. |
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| (5) An approved vehicle examiner shall not authorise any person to carry out or personally supervise any such re-examinations or further examinations at any of its approved vehicle testing stations unless the person has undergone successfully a course of instruction approved by the Director-General and is regarded by the Director-General to be competent to act for that purpose. |
| (6) Approved vehicle examiners shall ensure that all apparatus used or necessary for the purposes of any such re-examination or further examination under regulation 12, 14 or 15(3) shall be maintained in an efficient state and, in the case of any such apparatus designed to indicate any measurement, that such apparatus shall do so accurately within reasonable limits. |
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| Cancellation and withdrawal of approval |
17.—(1) Any approval of a vehicle examiner granted under this regulation shall cease to have effect —| (a) | where the person specified in the approval is an individual, on the death or bankruptcy of that individual; | | (b) | where the person specified in the approval is a partnership firm, on the dissolution of that firm; or | | (c) | where the person specified in the approval is a body corporate, on the making of an order or the passing of a resolution for the winding up of that body corporate, not being a winding up for the purpose of amalgamation or reconstruction only. |
| (2) A reference to the bankruptcy of an individual in paragraph (1)(a) shall be read as a reference to the making of a bankruptcy order against him, his filing a bankruptcy application or his making an arrangement with or assignment in favour of his creditors. |
| (3) An approved vehicle examiner may at any time give notice to the Director-General stating that after such date as may be specified in the notice the examiner does not propose to continue to act as an approved vehicle examiner under these Regulations as may be specified in the notice. |
| (4) The date on which an approved vehicle examiner ceases to act as an approved vehicle examiner shall not be earlier than 3 months after the date of any notice given by him under paragraph (3). |
(5) The Director-General may, by notice in writing, cancel any approval granted under this regulation to any vehicle examiner to carry out re-examination of motor vehicles under regulation 12 or 14 if the Director-General is satisfied that the approved vehicle examiner —| (a) | has failed to comply with regulation 16(5) or (6) or with any condition of approval imposed under regulation 16(4)(a); or | | (b) | is for any reason not able to discharge his duties under these Regulations effectively or efficiently. |
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| (6) Except where it is otherwise specified, the date of any such cancellation of approval shall not be earlier than 28 days after the date of the notice under paragraph (5). |
| (7) If, within 14 days from the date of the notice, the Director-General receives from the approved vehicle examiner to whom that notice is given or from any person acting on behalf of that examiner representations to the effect that any approval to which that notice relates should not be withdrawn, the Director-General shall consider these representations and make such investigations in respect thereof as he thinks fit. |
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| Requirements as to motor vehicles submitted for re-examination |
18. Notwithstanding anything to the contrary in these Regulations, there is no duty or requirement to carry out a re-examination or further examination of a motor vehicle under any provision of these Regulations if —| (a) | on the submission of the motor vehicle for re-examination or further examination, the person applying for the re-examination or further examination does not, after being requested to do so, produce the registration document relating to the vehicle or any other evidence as to the date of its first registration or the inspection report issued under regulation 12(3)(b), where applicable; | | (b) | where the motor vehicle or any part thereof or any of its equipment is in such a dirty condition as to make it unreasonably difficult for the re-examination or further examination to be carried out; | | (c) | where the approved vehicle examiner is not able, with the facilities and apparatus available to him at the approved vehicle testing station at which the re-examination or further examination would have been carried out, to complete the re-examination or further examination without the vehicle being driven and the vehicle is not, when submitted for re-examination or further examination, provided with fuel or oil to enable it to be driven to such extent as may be necessary for the purposes of carrying out the examinations; or | | (d) | where before the carrying out of the re-examination or further examination of the motor vehicle, all or any goods or other things which are on the vehicle and are not part of its equipment or accessories are required to be removed from the vehicle or to be secured in such manner as the approved vehicle examiner may think necessary and the goods or things are not removed or secured accordingly. |
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