Statute Details
- Title: Electric Vehicles Charging (Exemption) Order 2023
- Act Code: EVCA2022-S794-2023
- Type: Subsidiary Legislation (SL)
- Enacting / Authorising Act: Electric Vehicles Charging Act 2022 (powers under section 92)
- Commencement: 8 December 2023
- Status (as provided): Current version as at 27 March 2026
- Key Instrument Number (as shown): S 794/2023
- Amendment shown: Amended by S 754/2024 (version as at 1 October 2024)
- Legislative Focus: Exemptions from specified offences and regulatory requirements under the Electric Vehicles Charging Act 2022, where EV chargers are used/supplied/installed/advertised/certified only for “specified electric vehicles”
- Structure: Part 1 (EV charger exemptions for specified electric vehicles), Part 2 (homologation-related exemptions), Part 3 (miscellaneous exemption), plus a Schedule listing “specified electric vehicles”
What Is This Legislation About?
The Electric Vehicles Charging (Exemption) Order 2023 (“the Order”) is a regulatory “carve-out” instrument made under the Electric Vehicles Charging Act 2022 (“the Act”). In plain language, it allows certain activities involving unregistered or non-approved EV chargers to proceed without triggering particular offences—but only where the charger is used for a narrow purpose: charging specified electric vehicles listed in the Schedule.
The Order is best understood as a targeted compliance management tool. The Act establishes a framework for EV charger regulation, including requirements around registration/approval, certification, installation, advertising, and safe/regulated operation. However, the legislative scheme recognises that there may be transitional, technical, or practical circumstances where a charger that is not yet fully within the Act’s approval pipeline can still be used—provided the risk is contained by limiting the charger’s use to defined vehicle types.
Accordingly, the Order creates a set of exemptions that are conditional and purpose-bound. Many exemptions are available only if the relevant party obtains a written undertaking from the counterparty that the unregistered charger will be used solely to charge the specified electric vehicles. This “sole purpose” requirement is the central compliance lever: it narrows the exemption’s scope and provides evidential support for enforcement authorities.
What Are the Key Provisions?
1. Definitions and the “specified electric vehicle” concept (Section 2)
Section 2 defines key terms, including “specified electric vehicle” as any electric vehicle specified in the Schedule. This is crucial: the exemptions in Part 1 and Part 2 operate only when the charger is connected to that defined universe of vehicles. For practitioners, the Schedule is not a mere appendix—it is the gatekeeper document that determines whether the exemption can be invoked.
2. Exemptions in Part 1: charger-related activities for specified electric vehicles
Part 1 contains the main operational exemptions. The pattern is consistent across sections 3 to 11: the Act’s offences or regulatory prohibitions are disapplied for particular conduct involving unregistered or non-approved EV chargers, but only where the charger is used or arranged for use for the sole purpose of charging specified electric vehicles.
Section 3 (Exemption for supplying an EV charger)
Section 3 disapplies section 6 of the Act to a supplier (A) who supplies in Singapore to another (B) an unregistered EV charger for the sole purpose of charging any specified electric vehicle in Singapore. The exemption is conditional: A must obtain, before supply, a written undertaking from B that the charger will be used for that sole purpose. This is a classic risk-allocation mechanism: the supplier’s exemption depends on documented end-use.
Section 4 (Exemption for alteration/modification)
Section 4 disapplies section 11 where a person alters or modifies (or allows alteration/modification of) an unregistered EV charger for the sole purpose of charging specified electric vehicles. If the work is done by an engaged contractor, the principal (A) must obtain a written undertaking from the contractor (B) before the alteration/modification. This ensures that the exemption is not used to retrofit chargers for broader or different vehicle use.
Section 5 (Exemption for advertising)
Section 5 addresses a common compliance friction point: advertising of non-approved chargers. Under section 15(1) of the Act, advertising of a non-approved EV charger may be an offence. The Order provides an exemption where the advertisement contains an express representation that the non-approved charger is for the sole purpose of charging specified electric vehicles. Section 5(2) further disapplies section 15(3) for sellers/offers/exhibitors and those displaying the charger, again where the display is accompanied by an express representation of sole-purpose use.
Section 6 (Exemption for charging specified electric vehicles with an unregistered charger)
Section 6 disapplies section 18(1) and (2) where a person charges (or allows to be charged) a specified electric vehicle using an unregistered EV charger, provided the charger is used for the sole purpose of charging specified electric vehicles. Notably, this exemption is framed around use rather than supply/installation/certification. For enforcement, the evidential focus will likely be on actual end-use and whether the charger was used outside the specified-vehicle boundary.
Section 7 (Exemption for certification)
Section 7 is more nuanced and is likely to be of particular interest to compliance professionals and technical certifiers. It disapplies section 23 in multiple scenarios involving certification of unregistered EV chargers. The exemption is available to an individual certifier (A) if A obtains, before certification, a written undertaking from the person who engaged A that the charger is for the sole purpose of charging specified electric vehicles. Similar provisions apply where a person causes an individual to certify (B), and where the certifier is not a prescribed competent person for that charger (subsections (3) and (4)).
Section 8 (Exemption for installation of EV chargers)
Section 8 disapplies section 24(1) and related provisions for installation of an unregistered fixed EV charger in Singapore for the sole purpose of charging specified electric vehicles. As with supply and alteration, the exemption is conditional on written undertakings where installation is performed by an engaged person. It also addresses situations where an installer is not a prescribed person (subsection (3) in the extract) and where the installer works together with a prescribed person (subsection (4) in the extract). These provisions reflect a practical reality: technical installation may occur in mixed teams, and the Order aims to preserve the exemption where the overall end-use constraint is met.
Sections 9 to 11 (Exemption from offences of improper use/charging; undertaking regulated activity)
While the extract only shows the heading and a partial description of section 9, the structure indicates that the Order also exempts conduct that would otherwise constitute offences under the Act relating to improper use of EV chargers and improper charging. Section 11 extends the exemption to undertaking a regulated activity using an EV charger for specified electric vehicles. For practitioners, these provisions matter because they broaden the exemption beyond “static” regulatory steps (like supply/installation/certification) into the operational domain—how the charger is used and how regulated activities are carried out.
3. Part 2: exemptions relating to homologation
Part 2 provides exemptions connected to homologation—the process of testing/approval to ensure a charger model meets prescribed safety and performance standards. Section 12 exempts supplying an EV charger to an accredited certification body or accredited laboratory. Section 13 exempts testing EV chargers for compliance with safety and performance standards prescribed to be homologated model. The practical effect is to facilitate the regulatory pathway: parties can supply and test chargers for homologation without being blocked by the Act’s general offence provisions, provided the testing is tied to the homologation framework.
4. Part 3: miscellaneous exemption for workshops
Section 14 exempts undertaking a regulated activity using a fixed EV charger in a vehicle servicing or maintenance workshop. This recognises that workshops may need to perform regulated activities (for example, diagnostic or maintenance-related charging) and that imposing full compliance burdens in that context could be disproportionate—particularly where the charger is used within the constrained purpose contemplated by the Order.
How Is This Legislation Structured?
The Order is organised into four main components:
(1) Enacting formula and preliminary provisions (sections 1 and 2): citation, commencement, and definitions.
(2) Part 1 – Exemptions relating to EV chargers for specified electric vehicles (sections 3 to 11): the core exemptions covering supply, alteration/modification, advertising, charging, certification, installation, and exemptions from offences relating to improper use/charging and regulated activities.
(3) Part 2 – Exemptions relating to homologation of EV charger (sections 12 and 13): exemptions that support the testing and certification ecosystem through accredited bodies and laboratories.
(4) Part 3 – Miscellaneous exemption (section 14): a workshop-context exemption for regulated activity using a fixed EV charger.
Finally, the Schedule lists the “specified electric vehicles”. This Schedule is essential for determining whether the exemptions apply.
Who Does This Legislation Apply To?
The Order applies to “persons” undertaking relevant activities in Singapore that fall within the Act’s regulatory prohibitions—such as supplying, advertising, charging, certifying, installing, and undertaking regulated activities using EV chargers. It is not limited to manufacturers; it extends to suppliers, installers, certifiers, advertisers, workshop operators, and end-users who charge specified electric vehicles.
However, the exemptions are conditional. Many depend on obtaining a written undertaking from the counterparty before the relevant step is taken. This means the practical applicability is heavily influenced by contractual documentation and end-use controls. If the charger is used for any purpose other than charging specified electric vehicles, the exemption may not protect the actor from the Act’s offences.
Why Is This Legislation Important?
For practitioners, the Order provides a structured pathway to manage compliance risk when dealing with chargers that are not yet registered/approved in the ordinary course. In the EV charging supply chain, delays can occur due to certification timelines, homologation processes, or technical integration. The Order allows businesses to continue operations—such as installation and charging—without immediately breaching the Act, provided they strictly confine use to specified electric vehicles.
From an enforcement and litigation perspective, the Order’s emphasis on “sole purpose” and written undertakings is significant. These are evidential anchors. A party seeking to rely on an exemption will typically need to demonstrate: (i) the charger was unregistered/non-approved as relevant; (ii) the electric vehicle charged is within the Schedule; (iii) the charger was used for the sole purpose of charging those specified vehicles; and (iv) where required, the relevant written undertaking was obtained before the relevant conduct.
Commercially, the Order can reduce friction for stakeholders such as fleet operators, installers, and service workshops, while still preserving regulatory safeguards. It also clarifies that homologation testing can proceed through accredited bodies and laboratories without being blocked by general offence provisions—supporting the broader policy objective of safe and standardised EV charging infrastructure.
Related Legislation
- Electric Vehicles Charging Act 2022 (authorising Act; key offence and regulatory provisions referenced in the Order, including sections 6, 11, 15, 18, 23, 24, 29 and others)
- Electric Vehicles Charging (Electric Vehicles Chargers) Regulations 2023 (GN. No. S 786/2023) — referenced for definitions of “accredited certification body” and “accredited laboratory”
- Electric Vehicles Charging (Exemption) Order 2023 (S 794/2023) — as amended (including by S 754/2024)
Source Documents
This article provides an overview of the Electric Vehicles Charging (Exemption) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.