Road Traffic (Car‑Free Weekend — Exemption of Trishaws and Trishaw Riders) Order 2016

"In exercise of the powers conferred by section 142 of the Road Traffic Act, the Minister for Transport makes the following Order:" — Per Minister for Transport, Para 0

Case Information

• Citation: Not answerable from the extraction. (Para 0)
• Court: Not answerable from the extraction. (Para 0)
• Date: Made on 23 November 2016; came into operation on 27 November 2016. (Paras 0, 1)
• Coram: Not answerable from the extraction. (Para 0)
• Counsel for the applicant/petitioner: Not answerable from the extraction. (Para 0)
• Counsel for the respondent/other side: Not answerable from the extraction. (Para 0)
• Case number: Not answerable from the extraction. (Para 0)
• Area of law: Road traffic regulation; statutory exemption instrument for Car-Free Weekend operations. (Paras 0, 2(1), 2(2), 2(3), 2(4))
• Judgment length: Not answerable from the extraction because this is a legislative instrument, not a judgment. (Para 0)

Summary

This instrument is the Road Traffic (Car-Free Weekend — Exemption of Trishaws and Trishaw Riders) Order 2016, made by the Minister for Transport under section 142 of the Road Traffic Act. It is not a court judgment; rather, it is a subordinate legislative order that creates a targeted exemption regime for trishaws and trishaw riders operating in connection with Car-Free Weekend events. (Paras 0, 1, 2(1), 2(2), 2(3), 2(4))

The Order came into operation on 27 November 2016 and was made on 23 November 2016. Its core function is to disapply specified provisions of the Road Traffic Act and related rules in defined circumstances, including where a registered trishaw is used on a road closed to traffic under an order made under section 143 of the Act, and where an unregistered trishaw or an individual riding a trishaw is used for the purposes of Car-Free Weekend on such a road. (Paras 0, 1, 2(1), 2(2), 2(3))

The Order also defines “Car-Free Weekend” by reference to events known as Car-Free Sunday or Car-Free Weekend for which a permit has been granted under section 143 of the Act and which are organised by or on behalf of specified bodies. In practical terms, the instrument creates a limited legal corridor for trishaw activity during those events, while preserving the general road traffic framework outside the defined exemption. (Para 2(4))

What is the legal basis for the Order and who made it?

The legal basis is expressly stated at the outset: the Minister for Transport acted “in exercise of the powers conferred by section 142 of the Road Traffic Act.” That opening formula is important because it identifies both the source of authority and the nature of the instrument as a delegated legislative act rather than an adjudicative decision. The Order therefore derives its force from the enabling statute and operates within the scope of the power conferred by Parliament. (Para 0)

"In exercise of the powers conferred by section 142 of the Road Traffic Act, the Minister for Transport makes the following Order:" — Per Minister for Transport, Para 0

The instrument also records that it was “Made on 23 November 2016.” That date is the formal making date of the Order, and it is distinct from the commencement date. The extraction does not provide any further institutional context, such as a court, tribunal, or panel, because none exists in the ordinary sense for a legislative order of this kind. (Para 0)

Because the extraction is a legislative text rather than a judgment, the usual judicial metadata—coram, counsel, case number, and ratio decidendi in the appellate sense—are not answerable. What can be stated with confidence is that the Minister for Transport is the authoring authority and that the Order is anchored in section 142 of the Road Traffic Act. (Para 0)

When did the Order come into force, and what does that tell us about its operation?

The Order states that it “comes into operation on 27 November 2016.” This means the exemptions it creates were not effective immediately upon making on 23 November 2016, but only from the commencement date specified in the text. The distinction between making and commencement is legally significant because it determines when the exemptions became available to trishaws and trishaw riders. (Para 1)

"This Order is the Road Traffic (Car-Free Weekend — Exemption of Trishaws and Trishaw Riders) Order 2016 and comes into operation on 27 November 2016." — Per Minister for Transport, Para 1

The title itself is also informative. It identifies the subject matter—trishaws and trishaw riders—and the context—Car-Free Weekend. The Order is therefore not a general relaxation of road traffic law, but a specific exemption instrument tied to a particular event category and a particular class of road users. (Para 1)

The extraction further notes that the Order was later amended by S 213/2024 with effect from 16/03/2024. That later amendment is part of the instrument’s legislative history as provided in the extraction, but the extraction does not supply the content of the amendment. Accordingly, only the fact of later amendment can be stated, not its substance. (Para 0)

Which road traffic provisions are disapplied for registered trishaws during Car-Free Weekend?

The Order’s first operative exemption concerns a trishaw that is registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules (R 40). For such a trishaw, when it is used on any road closed to traffic under an order made under section 143 of the Act and in connection with Car-Free Weekend, several provisions “do not apply.” Those provisions are sections 106, 107, 110 and 120(3) of the Act, together with rule 63(1)(c) of the Road Traffic (Public Service Vehicles) Rules (R 14). (Para 2(1))

"Sections 106, 107, 110 and 120(3) of the Act and rule 63(1)(c) of the Road Traffic (Public Service Vehicles) Rules (R 14) do not apply to a trishaw that is registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules (R 40) while it is used on any road that is closed to traffic under an Order made under section 143 of the Act, in connection with Car-Free Weekend." — Per Minister for Transport, Para 2(1)

The structure of this exemption is precise. It does not apply to trishaws generally, but only to those registered under the specified registration rule. It also does not apply on any road at any time; the road must be one that is closed to traffic under an order made under section 143, and the use must be “in connection with Car-Free Weekend.” The exemption is therefore conditional, location-specific, and event-specific. (Para 2(1))

From a practical perspective, this means the Order creates a lawful space for registered trishaws to operate during the relevant road closure without triggering the listed statutory and regulatory requirements. The extraction does not explain the content of each disapplied provision, so one cannot infer more than the text expressly states: those provisions cease to apply in the defined circumstances. (Para 2(1))

How does the Order treat unregistered trishaws used for Car-Free Weekend?

The second operative exemption extends the regime beyond registered trishaws. It provides that sections 10, 11(1)(b), 12(1), 15, 26, 29(2), 101, 106, 107 and 110 of the Act do not apply to a trishaw that is not registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules while it is used on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend. This is a broader disapplication than sub-paragraph (1), because it addresses trishaws that are not registered under the trishaw registration rule. (Para 2(2))

"Sections 10, 11(1)(b), 12(1), 15, 26, 29(2), 101, 106, 107 and 110 of the Act do not apply to a trishaw that is not registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules while it is used on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend." — Per Minister for Transport, Para 2(2)

The drafting shows that the Order contemplates both registered and unregistered trishaws, but only within the narrow setting of the road described in sub-paragraph (1). The phrase “a road mentioned in sub-paragraph (1)” ties the exemption back to roads closed to traffic under an order made under section 143 of the Act. Thus, the unregistered trishaw exemption is not free-standing; it is parasitic on the same Car-Free Weekend road closure framework. (Paras 2(1), 2(2))

The legal effect is to prevent the specified provisions from applying in that context. The extraction does not identify the policy reasons for including unregistered trishaws, but the text itself makes clear that the Order is designed to facilitate Car-Free Weekend operations by removing regulatory obstacles for trishaws used for that purpose. (Para 2(2))

What exemptions apply to an individual riding a trishaw during Car-Free Weekend?

The third operative exemption addresses the rider rather than the vehicle. It states that section 110(1)(a) of the Act and rules 31, 33 and 39 of the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8) do not apply to an individual riding a trishaw on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend. This is a separate exemption from the vehicle-based exemptions in sub-paragraphs (1) and (2). (Para 2(3))

"Section 110(1)(a) of the Act and rules 31, 33 and 39 of the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8) do not apply to an individual riding a trishaw on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend." — Per Minister for Transport, Para 2(3)

This provision is significant because it shows that the Order is not limited to vehicle registration or vehicle compliance. It also addresses the human operator, namely the individual riding the trishaw. The exemption is again conditional: it applies only on the road described in sub-paragraph (1) and only for Car-Free Weekend purposes. (Para 2(3))

By separating the rider exemption from the trishaw exemptions, the Order ensures that the legal regime covers both the vehicle and the person operating it. The extraction does not elaborate on the content of rules 31, 33 and 39, but the text clearly disapplies them in the defined setting. (Para 2(3))

How does the Order define “Car-Free Weekend,” and why does that definition matter?

The Order contains an express definition of “Car-Free Weekend” in paragraph 2(4). It defines the term as any event known as Car-Free Sunday or Car-Free Weekend in respect of which a permit has been granted under section 143 of the Act and which is organised by or on behalf of specified bodies. The extraction does not list those bodies in full, so the article cannot supply them. What can be stated is that the definition is not open-ended; it is tied to permit status under section 143 and to organisation by or on behalf of the specified entities. (Para 2(4))

"In this paragraph — ‘Car-Free Weekend’ means any event known as Car-Free Sunday or Car-Free Weekend in respect of which a permit has been granted under section 143 of the Act that is organised by or on behalf of all or any of the following:" — Per Minister for Transport, Para 2(4)

This definition matters because it controls the scope of every exemption in paragraph 2. The exemptions do not apply to any event casually described as car-free; they apply only where the event falls within the defined category. The permit requirement under section 143 is therefore a gatekeeping mechanism, and the organisational criterion further narrows the class of qualifying events. (Para 2(4))

In practical terms, the definition ensures that the Order is administered within a structured event framework rather than as a general public licence for trishaw activity. The legal significance lies in the linkage between the event permit, the road closure, and the disapplication of specified road traffic provisions. (Paras 2(1), 2(2), 2(3), 2(4))

What is the relationship between section 142 and section 143 of the Road Traffic Act in this Order?

Section 142 is the enabling provision under which the Minister makes the Order. Section 143 appears in the operative exemptions and in the definition of Car-Free Weekend. Specifically, the exemptions apply to roads closed to traffic under an order made under section 143, and the definition of Car-Free Weekend refers to an event for which a permit has been granted under section 143. The Order therefore uses section 143 as the statutory mechanism for authorising the event and the road closure that trigger the exemptions. (Paras 0, 2(1), 2(4))

"Sections 106, 107, 110 and 120(3) of the Act and rule 63(1)(c) of the Road Traffic (Public Service Vehicles) Rules (R 14) do not apply to a trishaw that is registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules (R 40) while it is used on any road that is closed to traffic under an Order made under section 143 of the Act, in connection with Car-Free Weekend." — Per Minister for Transport, Para 2(1)

The drafting shows a two-step statutory architecture. First, section 143 supports the making of an order or grant of a permit connected with the event and road closure. Second, section 142 empowers the Minister to create the exemption regime that operates once those section 143 conditions are satisfied. The Order thus integrates the two provisions into a single regulatory scheme. (Paras 0, 2(1), 2(4))

Because the extraction does not provide the text of sections 142 or 143 themselves, one cannot go beyond the Order’s own references to those provisions. Still, the internal logic is clear: section 142 is the source of the Order, while section 143 supplies the event and closure conditions that activate the exemptions. (Paras 0, 2(1), 2(4))

Which specific statutory and regulatory provisions are displaced by the Order?

The Order disapplies a defined set of provisions across the Road Traffic Act and related subsidiary legislation. For registered trishaws, it disapplies sections 106, 107, 110 and 120(3) of the Act and rule 63(1)(c) of the Road Traffic (Public Service Vehicles) Rules (R 14). For unregistered trishaws, it disapplies sections 10, 11(1)(b), 12(1), 15, 26, 29(2), 101, 106, 107 and 110 of the Act. For individual riders, it disapplies section 110(1)(a) of the Act and rules 31, 33 and 39 of the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8). (Paras 2(1), 2(2), 2(3))

"Sections 10, 11(1)(b), 12(1), 15, 26, 29(2), 101, 106, 107 and 110 of the Act do not apply to a trishaw that is not registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules while it is used on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend." — Per Minister for Transport, Para 2(2)

The breadth of the disapplied provisions indicates that the Order is designed to carve out a comprehensive operational exception for the event. The extraction does not explain each provision individually, so the article should not speculate about their content. The only safe conclusion is that the Order expressly removes their application in the defined circumstances. (Paras 2(1), 2(2), 2(3))

For practitioners, the key point is that compliance analysis must begin with the Order’s own text. If a trishaw or rider falls within the defined Car-Free Weekend context, the listed provisions are displaced; if not, the ordinary statutory regime remains in force. (Paras 2(1), 2(2), 2(3), 2(4))

Why does the Order distinguish between registered trishaws, unregistered trishaws, and trishaw riders?

The Order distinguishes among these categories because each is subject to a different set of legal controls. Registered trishaws are addressed in sub-paragraph (1), unregistered trishaws in sub-paragraph (2), and individual riders in sub-paragraph (3). This structure suggests a deliberate attempt to regulate the event comprehensively by removing different legal barriers depending on whether the issue is vehicle registration, vehicle operation, or rider conduct and licensing. (Paras 2(1), 2(2), 2(3))

"Section 110(1)(a) of the Act and rules 31, 33 and 39 of the Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8) do not apply to an individual riding a trishaw on a road mentioned in sub-paragraph (1) for the purposes of Car-Free Weekend." — Per Minister for Transport, Para 2(3)

The distinction also shows that the Order is not merely about the trishaw as a vehicle. It addresses the legal status of the trishaw, the registration status of the trishaw, and the person riding it. That layered approach is consistent with a regulatory instrument intended to facilitate a public event while preserving the general road traffic framework outside the event context. (Paras 2(1), 2(2), 2(3), 2(4))

Because the extraction does not provide legislative history or explanatory notes, one cannot attribute a particular policy rationale beyond the text itself. Still, the drafting makes the practical objective plain: to allow trishaws and trishaw riders to operate during Car-Free Weekend without the ordinary application of the specified provisions. (Paras 2(1), 2(2), 2(3))

What is the practical legal effect of the phrase “do not apply” in this Order?

The phrase “do not apply” is the operative legal mechanism throughout paragraph 2. It means that, in the defined circumstances, the listed provisions are excluded from governing the trishaw, the unregistered trishaw, or the rider. The Order does not merely relax enforcement or create a presumption; it expressly disapplies the provisions. That is a strong form of exemption drafting. (Paras 2(1), 2(2), 2(3))

"Sections 106, 107, 110 and 120(3) of the Act and rule 63(1)(c) of the Road Traffic (Public Service Vehicles) Rules (R 14) do not apply..." — Per Minister for Transport, Para 2(1)

Legally, this means the relevant provisions cannot be invoked against conduct that falls within the exemption. The extraction does not provide enforcement guidance, penalties, or exceptions to the exemptions, so the article should not infer any. The safe reading is that the Order creates a defined zone of non-application for the listed provisions. (Paras 2(1), 2(2), 2(3))

That drafting choice is important for lawyers advising event organisers, trishaw operators, and riders. The question is not whether the underlying road traffic rules are important—they remain so outside the defined context—but whether the specific use falls within the Order’s conditions. If it does, the listed provisions “do not apply.” (Paras 2(1), 2(2), 2(3), 2(4))

Why does this instrument matter in practice?

This instrument matters because it creates a targeted exemption regime allowing trishaws and trishaw riders to operate during Car-Free Weekend events despite otherwise applicable road traffic restrictions. It is a classic example of delegated legislation being used to accommodate a specific public event while preserving the general regulatory framework. (Paras 0, 2(1), 2(2), 2(3), 2(4))

"In this paragraph — ‘Car-Free Weekend’ means any event known as Car-Free Sunday or Car-Free Weekend in respect of which a permit has been granted under section 143 of the Act..." — Per Minister for Transport, Para 2(4)

The instrument also matters because it defines the scope of qualifying events and ties that scope to a permit under section 143. That means event organisers and operators must pay close attention not only to the existence of a road closure, but also to whether the event fits the defined category. The Order therefore has operational significance for compliance planning. (Paras 2(1), 2(2), 2(3), 2(4))

Finally, the Order is significant because it demonstrates how a ministerial order can create a narrow, event-specific legal exception without rewriting the broader road traffic regime. For practitioners, the key takeaway is that the exemption is highly text-dependent: it applies only to the roads, vehicles, riders, and events described in the Order. (Paras 0, 1, 2(1), 2(2), 2(3), 2(4))

Cases Referred To

Legislation Referenced

• Road Traffic Act, section 142 — enabling power for the Order. (Para 0) [CDN] [SSO]
• Road Traffic Act, section 143 — permit and road-closure mechanism referenced in the exemptions and definition. (Paras 2(1), 2(4)) [CDN] [SSO]
• Road Traffic Act, sections 106, 107, 110, 120(3) — disapplied for registered trishaws in the defined circumstances. (Para 2(1))
• Road Traffic Act, sections 10, 11(1)(b), 12(1), 15, 26, 29(2), 101, 106, 107, 110 — disapplied for unregistered trishaws in the defined circumstances. (Para 2(2))
• Road Traffic Act, section 110(1)(a) — disapplied for an individual riding a trishaw in the defined circumstances. (Para 2(3)) [CDN] [SSO]
• Road Traffic (Public Service Vehicles) Rules (R 14), rule 63(1)(c) — disapplied for registered trishaws in the defined circumstances. (Para 2(1))
• Road Traffic (Registration of Trishaws) Rules (R 40), rule 2 — registration rule used to distinguish registered from unregistered trishaws. (Paras 2(1), 2(2))
• Road Traffic (Public Service Vehicles) (Vocational Licences and Conduct of Drivers, Conductors, Trishaw Riders and Passengers) Rules (R 8), rules 31, 33 and 39 — disapplied for individual riders in the defined circumstances. (Para 2(3))

Source Documents

This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.