Statute Details
- Title: Road Traffic (Car Bodies Fairway Taxis) (Exemption) Order 2012
- Act Code: RTA1961-S91-2012
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Road Traffic Act (Chapter 276), section 142
- Enacting Formula: Made by the Minister for Transport
- Citation: Road Traffic (Car Bodies Fairway Taxis) (Exemption) Order 2012
- Commencement: 8 March 2012
- Enactment Date: Made on 7 March 2012
- Key Provisions: Sections/paragraphs 1–3 and the Schedule
- Regulatory Focus: Exemptions from taxi age limits, licensing renewal limits, certificate of entitlement term limits, and rebate restrictions—subject to conditions for wheelchair-accessible taxi services
- Beneficiary Operator (named): SMRT Taxis Pte. Ltd.
What Is This Legislation About?
The Road Traffic (Car Bodies Fairway Taxis) (Exemption) Order 2012 is a targeted regulatory instrument made under the Road Traffic Act. In plain terms, it allows certain taxis—specifically taxis registered in the name of SMRT Taxis Pte. Ltd. and described in the Schedule—to receive exemptions from multiple statutory and regulatory restrictions that would otherwise apply to taxi vehicles as they age.
Singapore’s taxi regulatory framework includes rules that limit how long a taxi may remain registered and how long its certificate of entitlement (COE) may last, as well as rules governing renewal of licences and the availability of rebates. This Order modifies those outcomes for a defined set of taxis, but only if the operator meets strict conditions—most importantly, that the taxis are used to convey disabled persons in wheelchairs and are equipped with an approved wheelchair ramp.
Accordingly, the Order functions as a policy “trade-off”: it permits older taxis to continue operating beyond the usual age-related limits, but it does so to support accessibility services. The regulator also imposes additional financial obligations (additional quota premium or levy) and requires proof of permanent removal or destruction of taxis after key events.
What Are the Key Provisions?
1. Citation and commencement (paragraph 1)
The Order may be cited as the Road Traffic (Car Bodies Fairway Taxis) (Exemption) Order 2012 and came into operation on 8 March 2012. This matters for practitioners because it determines when the exemptions became legally effective and therefore when compliance with the exemption conditions could be relied upon.
2. The exemptions (paragraph 2)
Paragraph 2 provides that, subject to the conditions in paragraph 3, every taxi registered in the name of SMRT Taxis Pte. Ltd. and described in the Schedule is exempted from several specific provisions. The exemptions are not general; they are tied to particular regulatory rules and statutory provisions, and each exemption is framed “in so far as” it applies in a particular way.
The exemptions cover four main areas:
- Taxi registration cancellation age limit: Exemption from section 27(1)(e) of the Road Traffic Act, to the extent it allows cancellation of registration where the taxi’s age exceeds 8 years.
- Licence renewal restriction: Exemption from rule 4(2)(c)(ii) of the Road Traffic (Public Service Vehicles) Rules (R 14), to the extent it does not permit renewal of a licence granted under Part V of the Act for a taxi more than 8 years old.
- COE term limitation: Exemption from rule 16(1)(a)(iii) of the Road Traffic (Motor Vehicles, Quota System) Rules (R 31), to the extent it limits the term of the certificate of entitlement to 8 years.
- Rebate restriction: Exemption from rule 8 of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5), to the extent it does not allow an application for and grant of the rebate under that rule in respect of the taxi.
3. Conditions of exemption (paragraph 3)
The exemptions are conditional. If the conditions are not met, the operator may lose the benefit of the exemption and could face enforcement consequences under the underlying rules. The conditions are designed to ensure that the policy objective—accessible wheelchair taxi services—is achieved, while also managing quota and financial impacts.
The key conditions include:
- Wheelchair conveyance service (paragraph 3(a)): Each scheduled taxi must also be used in an approved service conveying disabled persons in wheelchairs. The approval must be obtained from the Registrar.
- Additional quota premium for COE issued under rule 11 (paragraph 3(b)): If the taxi’s certificate of entitlement was issued under rule 11 of the quota system rules, an additional quota premium must be payable to the Registrar prior to expiry (or such further period as the Registrar may extend under rule 24(3A)).
- How the additional quota premium is calculated (paragraph 3(c)): The additional premium is the difference between (i) 90% of the amount calculated under rule 14(1)(a) and (ii) the quota premium paid under rule 14(1)(d) when the taxi was registered. This formula is crucial for practitioners advising on financial compliance and forecasting costs.
- Additional levy for restored COE (paragraph 3(d)): If the certificate of entitlement had been restored under rule 24(6), an additional levy must be payable prior to expiry (or extended period under rule 24B(6)).
- How the additional levy is calculated (paragraph 3(e)): The additional levy equals the difference between (i) 90% of the average quota premiums payable for certificates of entitlement in the relevant vehicle category issued during the 3 months immediately preceding restoration, and (ii) the amount paid under paragraph (1)(ba) of the First Schedule to the quota system rules when the taxi was registered.
- Wheelchair ramp equipment (paragraph 3(f)): Each taxi must be equipped with a wheelchair ramp approved by the Registrar for the wheelchair conveyance service.
- Rebate computation where registration cancelled at age 8–9 (paragraph 3(g)): If registration is cancelled when the taxi is more than 8 years old but not more than 9 years old, any applicable rebate the Registrar may grant under rule 8 of R 5 must be computed according to paragraph (7)(c) of that rule. This condition is particularly important because paragraph 2(d) exempts the taxi from rule 8 “in so far as it does not allow” rebate applications/grants; paragraph 3(g) then specifies how rebate computation should work in a specific age band.
- Proof of permanent removal or destruction (paragraph 3(h)): SMRT Taxis Pte. Ltd. must produce proof, to the Registrar’s satisfaction, that each scheduled taxi has been permanently removed from all roads in Singapore or destroyed/permanently removed from Singapore within one month (or such further period as the Registrar may allow) after either (i) expiry of the certificate of entitlement or (ii) cessation of the conveyance service for that taxi.
Practical note: The conditions are drafted to be operationally enforceable. They require both ongoing service compliance (wheelchair conveyance, approved ramp) and event-driven compliance (payment of additional premiums/levies, proof of removal/destruction after COE expiry or service cessation).
How Is This Legislation Structured?
The Order is structured in a straightforward manner:
- Paragraph 1 (Citation and commencement): sets the legal identity and start date.
- Paragraph 2 (Exemption): lists the specific provisions from which the scheduled taxis are exempted, each “in so far as” it applies to age-related cancellation, renewal, COE term limits, and rebate restrictions.
- Paragraph 3 (Conditions of exemption): provides the conditions that must be satisfied for the exemptions to apply, including service approval, wheelchair ramp equipment, financial adjustments to quota premium/levy, rebate computation in a defined scenario, and proof of removal/destruction.
- THE SCHEDULE: describes the taxis covered by the exemption. For legal practice, the Schedule is often the most important part because it defines the population of vehicles to which the exemption applies.
Who Does This Legislation Apply To?
The Order applies to taxis registered in the name of SMRT Taxis Pte. Ltd. that are described in the Schedule. It is therefore not a general exemption for all taxi operators or all taxis; it is a vehicle- and operator-specific regulatory carve-out.
In addition, the conditions impose obligations primarily on the operator (SMRT Taxis Pte. Ltd.)—particularly the requirements to use the taxis for approved wheelchair conveyance services, to equip them with approved wheelchair ramps, to pay additional quota premiums/levies where relevant, and to provide proof of permanent removal or destruction after specified events.
Why Is This Legislation Important?
This Order is significant because it alters the practical consequences of taxi ageing under Singapore’s regulatory regime. Without the exemption, the operator would face statutory and regulatory barriers once a taxi exceeds 8 years, including cancellation of registration, inability to renew licences, and limitations on the COE term. By exempting scheduled taxis from these restrictions, the Order enables continued operation beyond the usual age threshold—subject to accessibility and compliance requirements.
From a practitioner’s perspective, the Order is also important because it demonstrates how Singapore’s regulatory approach can combine social policy objectives (wheelchair-accessible transport) with market and quota management (additional quota premium/levy calculations). The financial conditions ensure that extending the life of a taxi does not simply bypass the quota system’s economic framework.
Finally, the proof-of-removal/destruction requirement (within one month after COE expiry or service cessation) is a compliance trigger that can be critical in audits, enforcement, and dispute resolution. Lawyers advising operators should treat these conditions as continuing obligations and ensure that internal compliance systems can document approvals, equipment certification, premium/levy payments, and disposal records.
Related Legislation
- Road Traffic Act (Chapter 276) — in particular section 142 (power to make the Order) and section 27(1)(e) (age-related cancellation provision)
- Road Traffic (Public Service Vehicles) Rules (R 14) — in particular rule 4(2)(c)(ii) (licence renewal restriction)
- Road Traffic (Motor Vehicles, Quota System) Rules (R 31) — in particular rule 11, rule 14(1)(a), rule 14(1)(d), rule 16(1)(a)(iii), rule 24(3A), rule 24(6), and rule 24B(6)
- Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5) — in particular rule 8 (rebate application/grant and computation references)
Source Documents
This article provides an overview of the Road Traffic (Car Bodies Fairway Taxis) (Exemption) Order 2012 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.