ROAD TRAFFIC (AMENDMENT) BILL

ROAD TRAFFIC (AMENDMENT) BILL: Order for Second Reading read.

The Senior Minister of State for Home Affairs (Assoc. Prof. Ho Peng Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, it has been eight years since the Road Traffic Act (RTA) was last amended in 2002. During this time, Singapore's road network has expanded greatly, with the addition of more than 175 kilometres of expressways, major arterial roads and local access roads. The number of motor vehicles has also grown from 700,000 in 2002 to more than 910,000 last year.

Sir, against this backdrop, MHA has reviewed the RTA and is amending it to ensure that we continue to have the necessary enforcement and regulatory powers to promote road safety. In addition, as the Act is jointly administered

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by Traffic Police (TP) and the Land Transport Authority (LTA), the amendments made by clauses 2B, 11, 12, 14, 15 and 21 seek to streamline the roles of both agencies by transferring some functions from TP to LTA.

Transfer certain functions from TP to LTA

Sir, both TP and LTA regulate land transport for road safety, albeit from different perspectives. TP's role is to ensure that our road users behave responsibly, not causing harm to themselves and other road users. It does this by regulating driving behaviour, enforcing law and order on the roads and promoting good road behaviour by all users. LTA, on the other hand, regulates vehicular and road design to promote road safety and usage efficiency through ensuring smooth traffic flow and minimising congestion. Sir, against this backdrop, we have identified five functions, currently undertaken by TP, that are better aligned with LTA's roles and will be transferring them from TP to LTA. Let me now elaborate on these five functions.

Enforcing and processing summonses for illegal parking

First, illegal parking offences adversely impact traffic flow and road capacity. LTA will be taking over the enforcement and administration of illegal parking, as this function is more aligned with one of the LTA's core functions to manage road usage. Thereafter, efforts to address illegal parking will be more holistic as LTA will keep in mind parking issues when designing road infrastructure and traffic schemes. TP will, however, continue enforcing against moving offences such as dangerous driving, speeding and drink driving – all of which impact law and order on our roads.

Rest assured that LTA will have the necessary powers to enforce against illegal parking. For a start, it will take over the administration of the Traffic Warden

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scheme. In addition, LTA officers will also be empowered as TP officers currently are and will continue to be so, to direct motorists to move their illegally parked vehicles or to remove or tow them away.

Gazetted speed limits for roads

Second, currently TP gazettes road speed limits even though it is LTA which makes the call on what these speed limits should be, being the agency with the requisite engineering expertise and technical knowledge to do so. It makes sense therefore for MOT to gazette what LTA decides.

Determining excluded vehicles and authorising such vehicles on expressways

Third, currently TP issues permits to allow excluded vehicles such as ready-mix concrete trucks and tractors to travel on expressways for the purpose of carrying out maintenance, repair and cleaning. LTA is better placed to evaluate the feasibility of allowing such vehicles to go on to the expressways for these purposes and will take over this role. The Minister for Transport will be empowered to make rules to prohibit, restrict or regulate the use of certain vehicles on expressways.

Closing road for repair and reconstruction

Fourth, Sir, currently the Minister for Home Affairs is empowered to restrict or prohibit the use of a road for the purpose of repair or reconstruction. However, it is more appropriate for LTA to do this as road works fall under its purview. A person who intends to carry out any construction works on the road will have to notify LTA which will then notify the public.

Issuing permits for loads on vehicles

Lastly, Sir, currently, LTA administers rules relating to vehicular height and

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weight. However, TP currently issues permits where the load carried by the vehicle extends to more than 40% of the length of the vehicle or 1.8 metres, and where the load exceeds 2.6 metres in width. It makes more sense for one agency to administer all rules relating to such vehicular requirements including situations when the length and width are extended by loads carried by the lorry. The transfer of this function will be reflected in amendments to the relevant rules under the Road Traffic Act.

Sir, TP and LTA have been working closely to ensure a seamless transfer of these five functions. I am confident that there will be no disruption of services to the public; neither will there be any lapse in enforcement. We are targeting to effect the transfer on 1st November this year.

Enhancing enforcement framework

Sir, the next set of amendments seeks to enhance Traffic Police's operational effectiveness and efficiency in the light of experience gleaned over the past eight years.

Immediate suspension of driving licence

Firstly, currently, the driving licence of a motorist can only be suspended after he is formally charged in court for serious offences such as drink-driving, reckless or dangerous driving where death or serious injury is caused.

Sir, Members of this House will remember an incident in 2005 where a motorist whilst test-driving a high performance sports car, lost control of it, hitting a road divider and crashing the car into the back of another car when the car he was test-driving then flipped over and collided into another on-coming vehicle. The motorist escaped from the wreck almost unscathed. Unfortunately, the young sales agent seated beside him was killed. As investigations were complex, 18

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months passed before the motorist was charged in court. During this time, members of the public expressed concern that he could resume his car-shopping activities despite the crash and death of his passenger. The court eventually sentenced him to seven months' imprisonment for reckless driving and disqualified him from driving for 10 years.

Sir, investigations and court hearings for such incidents may take some time to conclude. During this time, it is in the interest of public safety that such motorists not be allowed to drive. As such, the Deputy Commissioner of Police (DCP) who oversees such matters will be empowered by the amendment made to section 47C by clause 5 to immediately suspend the driving licence of any motorist who causes serious injury or death to a person or serious damage to buildings and structures once police investigations commence. Serious damage to buildings and structures has been added to cover situations where the damage has been extensive but, fortuitously, no one was seriously injured or killed, as such drivers should also not be allowed to continue driving on our roads pending the resolution of their cases. The suspension imposed will remain in force until the case is tried and determined in court.

Sir, let me assure Members that TP will exercise this power judiciously. Immediate suspension will not be imposed in all cases where death or serious injury or serious damage to structures or building is caused. Moreover, the suspension will be rescinded if investigations subsequently reveal that the motorist was not responsible for the offence or it is decided that the motorist will not be charged or that the charge would be withdrawn. In addition, an appeal can be made to the Minister within 14 days of receiving a suspension notice.

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Breath evidential analyser test

Second, drink driving is a serious offence. From January to June this year, 1,445 persons were arrested for drink driving and 12 persons lost their lives in accidents involving drink driving. Traffic Police continues to act resolutely against drink drivers.

To enhance TP's operational efficiency and enforcement capabilities against drink-driving, clause 7 will amend section 70 to enable Breath Evidential Analyser (BEA) tests to be conducted at or near the place where the motorist was arrested using portable test equipment. Currently, with handheld breathalysers whose "pass-fail" results are not admissible in court, a motorist who fails the breathalyser test has to be brought back to a police station so that he can take the BEA test, the results of which are admissible in court. The use of a portable BEA kit on-site will facilitate testing. So, that is used after the handheld breathalyser has been used. The accuracy of the tests derived will not be compromised.

Introducing an additional ground to revoke a licence

Third, currently, a motorist is not allowed to take a test of competence for another class of vehicle if he has been disqualified from holding or obtaining a driving licence, or his licence has been suspended or revoked, or when he has accumulated more than 12 demerit points. However, it has happened that a person takes a test to obtain a licence for another class of vehicle when his existing licence is already liable to be revoked or suspended. This can occur, for example, when he commits a serious offence or one that pushes his demerit points total beyond the suspension threshold, very close to the taking of the test when his offence is still being processed by TP or the courts. His road use behaviour has already been found wanting and he should

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not be allowed on the roads during the period of suspension or revocation.

To address this loophole, clause 3 will amend section 35A to empower the Deputy Commissioner of Police to revoke the licence of such an errant motorist who opportunistically takes a driving test for another class of vehicle before being dealt with.

Prohibition order

Next, Sir, to maintain parity between probationary drivers on our roads holding foreign and local licences, clause 6 will amend section 47F to empower the Deputy Commissioner to issue a prohibition order against a foreign probationary driver, if he accumulates 13 or more demerit points within 12 months of obtaining his foreign driving licence. At present, this is only issued when the foreign driver accumulates 24 demerit points within 24 months. On the other hand, a local probationary driver will have his licence revoked if he accumulates 13 points. So this will even the playing field.

Tightening reasonable diligence when furnishing information

Next, Sir, a vehicle owner is currently required to furnish the particulars of the driver of his vehicle who is suspected of committing an offence under the RTA to Traffic Police. This is especially important when the vehicle is registered in the name of a business entity such as a company, a partnership or an unincorporated body, so that the errant driver can be effectively identified and dealt with accordingly.

Currently, if such a business entity fails to provide the requisite particulars within seven days, it is guilty of an offence unless it proves, to the satisfaction of the Court, that it did not know and could not with reasonable diligence, have ascertained the information required. Sir,

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to strengthen the operational effect of this safeguard, clause 8 will amend section 81 to flesh out what constitutes "reasonable diligence" on the part of a business entity in the context of this provision. The business entity can only claim that it has exercised reasonable diligence if it had kept proper and accurate records of persons permitted to drive its vehicles. Information that should be kept include the vehicle's registration number, name, address, driving licence number and identity card or passport number of the person permitted to drive the vehicle and the date and time, or the period, during which the motor vehicle was allocated to the person. Sir, these records are to be kept for at least six months. These requirements are not onerous. Indeed, as a matter of prudence, a business entity which allows its staff to use its vehicles should – and I think many already do – keep such information, even without these legal requirements. In addition, Sir, it will also be an offence to "recklessly" provide false or misleading information.

Sir, I will now briefly run through the other amendments in the Bill which are essentially administrative in nature.

Sir, currently, a foreigner who is granted Permanent Residence (PR) or Singapore Citizenship (SC) is no longer allowed to use his foreign driving licence to drive in Singapore as he is not considered a "person resident outside Singapore". This means that whilst he can drive with his foreign licence whilst on employment pass, he cannot do so once he becomes a PR. Clause 4 will amend section 38 to enable a new PR/SC to drive with his foreign driving licence for up to three months, from the date he is granted Permanent Residence or Singapore Citizenship. This will give him sufficient time to convert his foreign driving licence into a local one.

Sir, next, clause 19 inserts a new section 142A to empower the Deputy

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Commissioner of Police and LTA to authorise security officers in uniform, licensed under the Private Security Industry Act, to regulate both vehicular and passenger traffic. These security officers will be trained in traffic control, having to pass the Workforce Skills Qualification module on "Conduct Crowd and Traffic Control", before they are allowed to do so. Sir, organisers of mass events which currently engage Auxiliary Police Officers for mass events requiring crowd and security control will welcome this move as it will lower their costs. A consequential amendment will be made by clause 22 to the Private Security Industry Act to include the regulation of traffic under the Road Traffic Act as a function of a security officer.

Next, the amendments made by clauses 13 and 20 to sections 116 and 143 respectively, will enhance the regulatory framework for the conduct of speed trials and competitions involving vehicles as well as for road closures. The power to approve such trials and competitions such as the F1 Grand Prix will be delegated from the Minister for Home Affairs to the Deputy Commissioner of Police. A permit will be required to hold such speed trials. Where such competitions require the closure of roads, a separate permit for road closures will also be required. In granting this permit, the Deputy Commissioner of Police (DCP) may impose conditions such as the posting of notices in the media and road signages of the closure, placing of barriers and barricades at the affected roads and engaging Auxiliary Police Officers and security officers to regulate traffic on the roads. The new procedure for the road closure permit under the RTA will also apply to other events, for example, a road run not involving vehicles.

Finally, Sir, clause 18 amends section 140 to empower the Minister for Home Affairs and Minister for Transport to make

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rules to prescribe the fees, costs and charges that may be imposed for the purposes of the RTA, where no provision has already been made. Clause 19 inserts a new section 142A where both Ministers will also be able to delegate the authority to hear and determine appeals to their Ministers of State or Parliamentary Secretaries.

In summary, the Road Traffic Act was enacted to make our roads safe for all road-users. This Bill will update, streamline and enhance our traffic laws by transferring, strengthening, extending and delegating selected powers. In particular, the transfer of some functions from the Traffic Police (TP) to the LTA will enable TP and LTA to tackle problems associated with the usage of roads and vehicles in a holistic manner. With the Police and LTA focusing on their core responsibilities, Singapore and Singaporeans will benefit from a safer road environment and more efficient road usage.

Mr Speaker, Sir, I beg to move.

Question proposed.

3.17 pm

Assoc. Prof. Fatimah Lateef (Marine Parade): Mr Speaker, Sir, transport and logistics are critical areas supporting our economic development. The traffic on our roads is anticipated to get heavier and innovative traffic management technologies have to be explored to ensure smooth traffic flow. Besides the hardware, we certainly have to also strengthen our software, ie, the driver's as well as their behaviour. The fatality rate on our roads in 2009 was 3.67 fatalities per 100,000 population. This is down from 4.57 per 100,000 in 2008.

I have some clarifications and also suggestions, Sir. Pertaining to clauses 3 and 5, I support the enhanced powers of the Deputy Commissioner of Police and feel this is a relevant and necessary move,

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especially in recalcitrant cases. Also, pertaining to the foreigners being allowed to drive on our roads here, can I ask and clarify what will happen to foreigners and expatriates who are here longer than the 12 months where their foreign drivers' licence will be valid? This is provided, of course, they do not accumulate any demerit points. With this Bill, does it mean they have to take the driving test again, if they are posted or working here for longer than 12 months?

Also, Sir, I would like to know the stand on motorised vehicles. Every day, there seems to be an increased number of these on our roads, especially on not arterial roads but more on heartland roads.

Another area of concern is pertaining to giving way to emergency vehicles on our roads. Every second counts during emergencies. It is crucial for these vehicles to arrive on site very swiftly. When motorists on our roads do not give way, their response times can be compromised and it could mean a difference between life and death. Are there plans to give more privileges to such vehicles? I would like to thank the Minister of State for clarifying the five main areas to differentiate the role of the LTA enforcement officers from that of the Traffic Police. I hope that there can be coordination, especially in the initial phases after 1st November, and that the "no wrong door" policy can play a role here, because there can be some confusion in the initial phases pertaining to feedback as well as complaints that may arise in the first few months after the change.

Finally, Sir, in a study published in the Annals of the Academy of Medicine Singapore 2009, on a study on fatal road traffic accidents in Singapore from the year 2000 to 2004, the authors concluded that groups at risk had varying

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demographic characteristics. Public education should be modified to target these different groups to reduce the incidence of fatalities.

In that same context, Sir, reducing road traffic accident rates through various safety measures, public education, enforcement and collaboration with key stakeholders remain important priorities in our road traffic management.

Indeed, this Bill is very timely and also necessary. I support the Bill.

Assoc. Prof. Ho Peng Kee: Sir, I thank Assoc. Prof. Fatimah Lateef for supporting the Bill.

She asked if foreigners or expatriates who are here for longer than 12 months will have to take the driving test again in order to continue driving here.

Sir, Singapore is a signatory to the 1949 Geneva Convention on Road Traffic. Foreigners here, under that convention, will be allowed to drive using their foreign driver's licence for a period of 12 months. But beyond 12 months, a foreigner who wishes to continue driving in Singapore would have to take and pass the basic theory test in order to convert his foreign licence to a local one, after which he can drive in Singapore for up to five years.

The second point that Assoc. Prof. Fatimah Lateef asked was, what is our position on motorised or what is actually called power-assisted bicycles. The regulation of these bicycles is under the Land Transport Authority's (LTA) purview which determines the specifications required of a power-assisted bicycle before it can be used on our roads. Basically, only low-powered motorised bicycles that meet certain technical and safety requirements are treated like conventional bicycles and are exempted from registration with LTA for use on the roads. What are these specifications?

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They are (i) their construction is similar to that of a conventional bicycle; (ii) they are powered only with an electric source; (iii) the maximum power does not exceed 200W; (iv) the motor-power only kicks in when the rider starts to pedal; and (v) the motor-power must cut off when it reaches 25km/h or when the rider stops pedalling.

Sir, every conforming bicycle must also be affixed with a seal by an inspection centre before it can be used on our roads. It is an offence for a person to ride a power-assisted bicycle that does not conform to these requirements. In addition, riders must be at least 16 years old, and they and the pillion riders, if any, are required to don suitable protective helmets. Needless to say, these bicycles, like the conventional ones, are required to comply with all road traffic rules including those that prohibit them from riding on footways or pedestrian pathways.

The Member's next point about emergency vehicles is also a very important point. Let me assure Members, first, that most motorists do give way to emergency vehicles. Some may not do so immediately but, I think, when they realise that there is, indeed, an emergency vehicle behind them, they do give way. Under Rule 12(1) of the Road Traffic Rules, emergency vehicles have the right of way over all other traffic if they make known their approach by means of some distinctive siren bell or a multi-toned horn. Offenders may be given a composition fine of up to $160 and awarded four demerit points. Sir, I think the legal regime is in place and there is no need to tweak it now. But what is important is education and reminding Singaporeans of why they should do so.

Meanwhile, to do this, SCDF is stepping up its education efforts to emphasise the need to "drive with a heart". This is the tagline of a recently-launched four-month campaign. The Police is also doing its part, for example,

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the recent CrimeWatch episode, featured a segment to educate viewers on giving way to emergency vehicles. I believe that these initiatives, together with Public Advisories from traditional social media, will help inculcate a greater sense of responsibility in motorists to make way for emergency vehicles on our roads.

I thank Assoc. Prof. Fatimah Lateef for giving a timely reminder, following my assurance in my speech that when the five functions are transferred from TP to LTA, it should be seamless. This assurance has been given in my main speech. Indeed, they have already been coordinating the last several months. I am sure that there will be no drop in the service delivery or in enforcement.

Finally, Assoc. Prof. Fatimah Lateef raised another important point about the need to package public education efforts to more effectively reach out to the various groups of road users. Indeed, Sir, over many years now, I have helped to spearhead Traffic Police's outreach in this area, especially in terms of education, as part of its three-pronged approach. Traffic Police takes the 3-E approach: Enforcement, Education and Engagement. Assoc. Prof. Fatimah Lateef is right. These are groups that need to be targeted – the young, the elderly, motocyclists and also drink-drivers. Over the past years also, several programmes have been tailored to reach out to these specific groups. For example, the annual Shell Traffic Games target primary school children and, for the first time this year, elderly grandparents were invited to join their grandchildren in the games. We had very good feedback from schools and the grandparents. Talks and tea parties are also held in the heartlands using oldies songs, for example, to appeal to the elderly.

In addition, specific collaborations with, for example, heavy vehicle companies, fastfood outlets, courier services and motorcycle clubs, target drivers and riders

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to drive and ride safely. These campaigns have led to a drop in the fatality rate over 2008 and 2009. Rest assured that we will continue to press on with these efforts but if she or any other Members of the House have any suggestions as to how we can more effectively reach out to these especially vulnerable segments of road users, please do let us know.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. – [Assoc. Prof. Ho Peng Kee].

Bill considered in Committee; reported without amendment; read a Third time and passed.

Mr Speaker: Order. I propose to take the break now. I suspend the Sitting and will take the Chair again at 3.50 pm.

Sitting accordingly suspended

at 3.30 pm until 3.50 pm.

Sitting resumed at 3.50 pm

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[Mr Speaker in the Chair]: