PART 3 | ELECTRONIC SERVICE AGENTS |
| Registration of electronic service agents |
5.—(1) The Authority may, on application by any person in such manner as the Authority may require, register that person as an electronic service agent.(2) To determine whether to register a person as an electronic service agent, the Authority may consider any relevant matters, including —| (a) | whether the person is unfit to be an electronic service agent, which is to be determined in accordance with the matters specified in rule 7; | | (b) | whether the person is carrying on any business which involves serving, on behalf of other persons, any application, notice or other document through the electronic service system; | | (c) | whether the person has any prior relevant experience in serving, on behalf of other persons, any application, notice or other document through the electronic service system or the electronic service provided under section 33B of the Road Traffic Act (Cap. 276) immediately before 3 June 2019; and | | (d) | the person’s ability to be a reliable and efficient electronic service agent. |
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(3) The registration under paragraph (1) may be subject to such conditions as the Authority may determine, including —| (a) | to give security in such form and of such amount as the Authority may determine to secure compliance with the conditions; | | (b) | to keep any record and account relating to the use of the electronic service system; or | | (c) | that the person may only serve specified types of applications, notices or other documents on behalf of other persons. |
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| (4) The Authority must keep and maintain a register of electronic service agents, in which must be entered the particulars of every electronic service agent as the Authority considers appropriate. |
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| Suspending or cancelling registration of electronic service agent |
6.—(1) The Authority may suspend or cancel the registration of an electronic service agent if —| (a) | the electronic service agent fails to use the electronic service system for a continuous period of 90 days (including Sundays and public holidays); | | (b) | the Authority is satisfied that the electronic service agent had contravened a provision of specified legislation, a condition to use the electronic service system, or a condition to the electronic service agent being registered; | | (c) | the Authority is satisfied that the electronic service agent had knowingly or recklessly provided false or misleading information when applying for registration, or in any application, notice or other document served through the electronic service system; | | (d) | the electronic service agent no longer carries on a business which involves serving, on behalf of other persons, any application, notice or other document through the electronic service system; | | (e) | any tax or fee payable by the electronic service agent (including a tax or fee payable on behalf of another person) under any specified legislation is outstanding; | | (f) | the electronic service agent is unfit to be an electronic service agent, which is to be determined in accordance with the matters specified in rule 7; | | (g) | the Authority is satisfied that the electronic service agent is unable to be a reliable and efficient electronic service agent; or | | (h) | the electronic service agent applies to the Authority, in such manner as the Authority may require, to suspend or cancel the electronic service agent’s registration. |
| (2) The Authority must notify the electronic service agent mentioned in paragraph (1) of any suspension or cancellation done under that paragraph, together with the reason for it. |
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| Fitness to be electronic service agent |
7. For the purposes of rules 5(2)(a) and 6(1)(f), the Authority may consider any relevant matters to determine whether a person is unfit to be an electronic service agent, including —| (a) | whether the person is convicted of, or is reasonably suspected of having committed, an offence that involves fraud, dishonesty or moral turpitude; | | (b) | whether the person —| (i) | has been, or is likely to become, wound up or otherwise dissolved; | | (ii) | has had, or is likely to have, a receiver, receiver and manager or judicial manager appointed in respect of the person’s property; or | | (iii) | if an individual, is, or is likely to become, an undischarged bankrupt; and |
| | (c) | whether the person —| (i) | has been struck off a register kept under the Companies Act (Cap. 50) or the Limited Liability Partnerships Act (Cap. 163A); or | | (ii) | has been registered under the Business Names Registration Act 2014 (Act 29 of 2014) or the Limited Partnerships Act (Cap. 163B) and had that registration cancelled or ceased. |
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| Authorising and revoking authority of electronic service agent |
8.—(1) A person who intends to authorise an electronic service agent to serve an application, notice or other document through the electronic service system on that person’s behalf must do so in the following manner: | (a) | for an application under rule 35(2) of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (Cap. 276, R 5), in any manner permitted by law; | | (b) | for any other case, by so authorising on the physical copy of the application, notice or other document that is required under rule 9 to be delivered to the Authority or an officer of the Authority administering any relevant land transport legislation. |
(2) For the purposes of section 43(3)(b) of the Act, unless the Chief Executive otherwise permits, a person who intends to revoke an electronic service agent’s authority must inform the Chief Executive by —| (a) | revoking the electronic service agent’s authority in writing under the person’s hand; and | | (b) | personally delivering the written revocation to the Customer Service Centre. |
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(3) In considering whether to permit a person to inform the Chief Executive in a manner other than that specified in paragraph (2), the Chief Executive must be satisfied that —| (a) | the person is unable to inform the Chief Executive in the specified manner; and | | (b) | the person is able to inform the Chief Executive in another manner that the person intended the revocation. |
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| Physical copy of documents served by electronic service agent to be delivered |
9.—(1) An electronic service agent that serves any application, notice or other document on behalf of another person through the electronic service system must deliver a physical copy of that application, notice or other document to the Customer Service Centre. (2) If — | (a) | an electronic service agent serves an application to temporarily transfer the registration of a vehicle under rule 25(4) or 26(1) of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules through the electronic service system; and | | (b) | the other party to the temporary transfer that is being applied for is also an electronic service agent, |
| the electronic service agent who serves the application must deliver a physical copy of the application to the Customer Service Centre. |
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(3) An electronic service agent who must deliver a physical copy of an application, notice or other document under paragraph (1) or (2) must do so not later than —| (a) | 7 days after the application, notice or other document was served through the electronic service system; or | | (b) | such longer period as the Authority or officer of the Authority administering any relevant land transport legislation (called in this rule an officer) who was served the application, notice or other document may allow. |
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| (4) Paragraphs (1) and (2) do not apply in respect of any application, notice or other document served through the electronic service system, if the Authority or officer on whom the application, notice or other document is to be served directs so in writing. |
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| Change of particulars of electronic service agent |
10. An electronic service agent must, in the manner specified by the Authority —| (a) | notify the Authority of any change in any particulars provided in the electronic service agent’s application to be registered as an electronic service agent; and | | (b) | notify the Authority or the officer of the Authority administering any relevant land transport legislation if the electronic service agent’s authority to act on behalf of any person in any matter is revoked. |
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| Inspection of records and accounts |
11.—(1) Where an electronic service agent must keep any record or account as a condition of the electronic service agent’s registration, the Authority or a person authorised in writing by the Authority may, by a notice served on the electronic service agent, require the electronic service agent to make the record or account available for the Authority or person’s inspection.| (2) The electronic service agent must give such reasonable assistance as the Authority or person may require for the inspection. |
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