Part of a comprehensive analysis of the Electric Vehicles Charging Act 2022
All Parts in This Series
- PART 1
- PART 2 (this article)
Key Provisions and Their Purpose in the Electric Vehicles Charging Act 2022
The Electric Vehicles Charging Act 2022 establishes a comprehensive regulatory framework to govern the supply, approval, labeling, alteration, and advertising of electric vehicle (EV) chargers in Singapore. This framework is designed to ensure safety, compliance with technical standards, and consumer protection in the rapidly evolving EV market.
One of the central provisions is Section 6, which prohibits the supply of EV chargers that are not homologated models, except in specified cases. This provision exists to ensure that only EV chargers meeting the prescribed safety and performance standards are available in the market, thereby protecting consumers and maintaining public safety. As stated:
"Only homologated model of EV charger can be supplied" — Section 6, Electric Vehicles Charging Act 2022
Verify Section 6 in source document →
To facilitate compliance with this prohibition, Section 7 sets out the application process for homologation of EV charger models. This process requires applicants to submit their models to the Land Transport Authority (LTA) for evaluation against established standards. The purpose is to create a formal mechanism for certification, ensuring that all chargers meet uniform criteria before entering the market:
"An application for approval ... must be made to the LTA" — Section 7(1), Electric Vehicles Charging Act 2022
Verify Section 7 in source document →
Upon successful homologation, Section 8 mandates the issuance and use of approval labels by the LTA. These labels serve as visible proof that a charger model has met the required standards, enabling consumers and regulators to easily identify compliant products:
"Upon granting ... the LTA must ... issue ... approval labels" — Section 8(1), Electric Vehicles Charging Act 2022
Verify Section 8 in source document →
However, the Act also anticipates situations where a homologated model may no longer satisfy safety or performance standards. Under Section 9, the LTA has the authority to revoke homologation approvals if such conditions arise. This provision ensures ongoing compliance and allows for the removal of unsafe or substandard chargers from the market:
"The LTA may revoke the approval ... if ... the model ... has ceased to satisfy the safety and performance standards" — Section 9(1)(a), Electric Vehicles Charging Act 2022
Verify Section 9 in source document →
Following revocation, Section 10 requires the LTA to publish notices of revocation and imposes restrictions on the use of approval labels related to the revoked model. This transparency measure protects consumers by informing them of changes in the status of charger approvals and prevents misleading use of approval labels:
"Where the LTA revokes a section 7(3) approval ... the LTA must publish a notice of the revocation" — Section 10(1), Electric Vehicles Charging Act 2022
Verify Section 10 in source document →
The Act also regulates the alteration or modification of homologated EV chargers. Section 11 prohibits any such changes without prior approval from the LTA, ensuring that modifications do not compromise safety or performance. This control extends to the use of alteration-approved labels under Sections 12 and 13, maintaining the integrity of the homologation system.
Finally, Sections 14 to 17 address the advertising of EV chargers. These provisions prohibit advertisements for non-approved EV chargers and empower the LTA to order corrective advertisements if misleading or unlawful advertising occurs. This protects consumers from deceptive marketing and reinforces compliance with the homologation regime:
"A person must not publish ... any advertisement ... to acquire in Singapore a non-approved EV charger" — Section 15(1)(a), Electric Vehicles Charging Act 2022
Verify Section 15 in source document →
Definitions in the Electric Vehicles Charging Act 2022 and Their Significance
Clear definitions are critical for effective enforcement and interpretation of the Act. The Electric Vehicles Charging Act 2022 provides precise meanings for key terms within its regulatory scope.
The term "access", particularly in relation to advertisements on the Internet, is broadly defined in Section 14 to include reading, viewing, hearing, or otherwise experiencing advertisement content through various electronic means. This expansive definition ensures that all forms of digital advertisement dissemination are captured, including those subject to preconditions, push technology, standing requests, or limited-time access. This breadth is necessary to prevent circumvention of advertising restrictions via emerging technologies:
"In this Division — 'access', in relation to any advertisement on the Internet, means to read, view, hear or otherwise experience the content of the advertisement ... and includes (a) access that is subject to a precondition ... (b) access by way of push technology; (c) access by way of a standing request; and (d) access for a limited period of time only;" — Section 14, Electric Vehicles Charging Act 2022
The definition of "non-approved EV charger" in Section 14 delineates chargers that are not homologated, not specially authorised, and not covered by any grandfathering arrangement. This precise classification is essential to identify chargers subject to supply and advertising prohibitions, thereby safeguarding the market from unregulated products:
"'non-approved EV charger' means an EV charger — (a) that belongs to a model that is not a homologated model; (b) that is not a specially authorised EV charger; and (c) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval." — Section 14, Electric Vehicles Charging Act 2022
Verify Section 14 in source document →
The term "sale" is expansively defined in Section 15(5) to include wholesale, retail, conditional sale agreements, hire-purchase agreements (as defined by the Hire-Purchase Act 1969), and resale. This comprehensive definition ensures that all commercial transactions involving EV chargers fall within the regulatory ambit, preventing loopholes that could undermine the Act's objectives:
"'sale' means sale by wholesale or retail and includes — (a) sale under a conditional sale agreement or a hire-purchase agreement as defined by the Hire-Purchase Act 1969; and (b) resale;" — Section 15(5), Electric Vehicles Charging Act 2022
Verify Section 15 in source document →
Lastly, the definition of "Singapore-connected person" in Section 15(5) identifies the persons subject to the Act’s advertising restrictions. This includes citizens, permanent residents, individuals physically in Singapore, companies incorporated or centrally managed in Singapore, and unincorporated bodies established in Singapore. This ensures that the Act’s reach covers all relevant actors within Singapore’s jurisdiction:
"'Singapore-connected person' means — (a) a citizen or permanent resident of Singapore; (b) an individual in Singapore; (c) a company or other body corporate incorporated in, or having its central management and control in, Singapore; or (d) an unincorporated body established in Singapore," — Section 15(5), Electric Vehicles Charging Act 2022
Penalties for Non-Compliance and Their Rationale
The Electric Vehicles Charging Act 2022 imposes stringent penalties to enforce compliance and deter violations. These penalties are tiered based on the nature of the offence, the offender’s status (individual or non-individual), and whether the offender is a repeat violator.
Section 6(3) prescribes severe penalties for supplying non-homologated EV chargers. Individuals face fines up to $20,000 or imprisonment up to 24 months, with repeat offenders facing doubled penalties. Non-individuals (such as companies) face fines up to $40,000, doubled for repeat offences. These harsh penalties reflect the critical importance of ensuring only safe and approved chargers enter the market:
"A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or (b) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000." — Section 6(3), Electric Vehicles Charging Act 2022
Verify Section 6 in source document →
Section 8(3) addresses improper use of approval labels, imposing fines and imprisonment terms that, while less severe than supply offences, still serve to maintain the integrity of the homologation system:
"An approved person for a homologated model who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — (a) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or (b) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000." — Section 8(3), Electric Vehicles Charging Act 2022
Verify Section 8 in source document →
Section 10(3) penalizes contraventions of post-revocation label restrictions, reinforcing the need to prevent misleading use of approval marks after homologation has been revoked:
"A person who, without reasonable excuse, contravenes subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction — (a) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or (b) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000." — Section 10(3), Electric Vehicles Charging Act 2022
Verify Section 10 in source document →
Section 11(2) imposes penalties for unauthorized alteration or modification of homologated EV chargers, mirroring the severity of supply offences to deter tampering that could compromise safety:
"A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — (a) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or (b) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000." — Section 11(2), Electric Vehicles Charging Act 2022
Verify Section 11 in source document →
Section 13(3) addresses improper use of alteration-approved labels, maintaining the integrity of the labeling system for modified chargers:
"An approved person for an altered or modified homologated model who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — (a) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or (b) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000." — Section 13(3), Electric Vehicles Charging Act 2022
Verify Section 13 in source document →
Section 15(4) imposes penalties for prohibited advertising or display of non-approved EV chargers, including fines, imprisonment, and daily continuing offence fines. This reflects the importance of truthful advertising in protecting consumers and maintaining market integrity:
"A person who contravenes subsection (1) shall be guilty of an offence and 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 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction." — Section 15(4), Electric Vehicles Charging Act 2022
Verify Section 15 in source document →
Section 17(3) similarly penalizes failure to comply with corrective advertisement orders, ensuring that misleading advertisements are promptly rectified:
"If a person to whom an order under subsection (1) is directed fails to comply with the order, the person shall be guilty of an offence and 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 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction." — Section 17(3), Electric Vehicles Charging Act 2022
Verify Section 17 in source document →
Cross-References to Other Legislation
The Electric Vehicles Charging Act 2022 contains a limited but important cross-reference to the Hire-Purchase Act 1969. This occurs in the definition of "sale" under Section 15(5)(a), which includes sales under hire-purchase agreements as defined by that Act. This cross-reference ensures that the regulatory scope of the Electric Vehicles Charging Act aligns with existing commercial transaction frameworks, providing clarity and legal coherence:
"'sale' means sale by wholesale or retail and includes — (a) sale under a conditional sale agreement or a hire-purchase agreement as defined by the Hire-Purchase Act 1969; and (b) resale;" — Section 15(5), Electric Vehicles Charging Act 2022
Verify Section 15 in source document →
Conclusion
The Electric Vehicles Charging Act 2022 establishes a robust regulatory regime to ensure that EV chargers supplied, modified, and advertised in Singapore meet stringent safety and performance standards. Through detailed provisions on homologation, labeling, alteration controls, advertising restrictions, and significant penalties for non-compliance, the Act protects consumers and supports the safe growth of Singapore’s EV infrastructure.
Sections Covered in This Analysis
- Section 6 – Prohibition on supply of non-homologated EV chargers
- Section 7 – Application for homologation approval
- Section 8 – Issuance and use of approval labels
- Section 9 – Revocation of homologation approvals
- Section 10 – Post-revocation actions and restrictions
- Sections 11 to 13 – Controls on alteration/modification and related labeling
- Sections 14 to 17 – Regulation of advertising and corrective measures
- Section 14 – Definitions including "access" and "non-approved EV charger"
- Section 15(5) – Definitions of "sale" and "Singapore-connected person"
Source Documents
For the authoritative text, consult SSO.