Statute Details
- Title: Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011
- Act Code: RTA1961-S138-2011
- Type: Subsidiary Legislation (SL)
- Authorising Act: Road Traffic Act (Cap. 276), section 142
- Enacting authority: Minister for Transport
- Date made: 28 February 2011
- Commencement: 14 March 2011
- Status: Current version (as at 27 March 2026)
- Key provisions: Definitions (s. 2); “post-election period” (s. 3); Exemption after presidential election (s. 4); Exemption after general election or by-election (s. 5); Conditions (s. 6); Non-derogation (s. 7)
- Related legislation (as indicated): Parliamentary Elections Act 1954; Presidential Elections Act 1991; Public Order Act 2009; Road Traffic Act; Societies Act 1966
What Is This Legislation About?
The Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011 (“the Order”) creates a time-limited exemption from certain road-traffic rules that would otherwise restrict how goods vehicles may be used. In practical terms, it permits the use of a goods vehicle to carry persons during election-related public processions—specifically, processions held in connection with presidential elections and parliamentary elections—provided strict conditions are met.
In Singapore’s election context, public processions are a common feature of campaigning and post-election celebrations. However, road-safety rules governing the carriage of persons in goods vehicles are designed to prevent unsafe transport (for example, persons standing or riding in a manner that creates heightened risk). The Order balances electoral expression and public celebration with safety and insurance requirements by limiting the exemption to defined periods (“post-election periods”), defined purposes (showing appreciation or celebrating victory), and defined authorisation structures (candidates and political parties), while also imposing operational safety constraints.
The Order does not operate in isolation. It is expressly framed as an exemption from “written laws set out in the Schedule” (the Schedule lists the specific written laws affected). It also contains a non-derogation clause ensuring that it does not undermine election-specific restrictions in the Parliamentary Elections Act 1954 or Presidential Elections Act 1991, nor any other written law. This means practitioners must read the Order alongside election legislation and any permit or public order requirements.
What Are the Key Provisions?
1. Definitions and the election framework (section 2)
Section 2 defines key terms used throughout the Order. The definitions are important because they determine who can authorise processions and what counts as an election event for the purposes of the exemption. The Order defines “candidate” by reference to nomination under the Parliamentary Elections Act 1954 (for Members of Parliament) and the Presidential Elections Act 1991 (for President). It also defines “parliamentary election” (including by-elections and general election elections under the Parliamentary Elections Act) and “presidential election” (under the Presidential Elections Act).
The Order also defines “permit” as a permit granted under section 7 of the Public Order Act 2009 in respect of a public procession. This is a critical linkage: even if the procession is held during the relevant post-election period and for the permitted purpose, the exemption only applies if it is conducted “in accordance with a permit.” The Order further defines “political party” as a registered political party under the Societies Act 1966, which becomes relevant for parliamentary election processions where authorisation may be given by political parties.
2. “Post-election period” (section 3)
Section 3 is the temporal gatekeeper. It defines the “post-election period” for presidential elections and for parliamentary elections (both by-elections and general elections). The general structure is consistent: the post-election period is 7 days after a specified election milestone, but the milestone differs depending on whether the election is uncontested or contested and whether overseas votes are involved.
For a presidential election, the post-election period is:
- 7 days after nomination day if the election is uncontested; or
- 7 days after polling day if the Returning Officer declares a candidate elected; or
- 7 days after the declaration following counting of overseas electors’ votes where applicable.
For a parliamentary by-election, the same 7-day logic applies, with references to the Returning Officer’s declarations under the Parliamentary Elections Act 1954. For a parliamentary election at a general election, the post-election period is also 7 days after nomination day if uncontested, or 7 days after polling day (or after overseas votes are counted and a declaration is made) if contested.
3. Exemption after presidential election (section 4)
Section 4 provides that, subject to the conditions in section 6, the written laws in the Schedule shall not apply to or in relation to the use of any goods vehicle on any road in connection with a public procession held during the presidential election post-election period. The exemption is limited to processions that meet all of the following criteria:
- Timing: held during the post-election period of a presidential election;
- Purpose: for showing appreciation to voters or celebrating any victory at the presidential election;
- Authorisation: held by or with the authorisation of any candidate at that presidential election; and
- Permits: held in accordance with a permit.
4. Exemption after general election or by-election (section 5)
Section 5 mirrors section 4 but applies to parliamentary elections within an electoral division. The exemption applies to the use of a goods vehicle on any road within that electoral division in connection with a public procession held during the relevant parliamentary post-election period. The permitted processions must be:
- Timing: during the post-election period of a parliamentary election in that electoral division;
- Purpose: for showing appreciation to voters or celebrating victory at that election;
- Authorisation: held by or with the authorisation of any candidate at that parliamentary election, or any political party whose candidates are nominated for such election; and
- Permits: in accordance with a permit.
5. Conditions of exemption (section 6)
Even where the timing, purpose, authorisation, and permit requirements are satisfied, the exemption only applies if the goods vehicle is operated in compliance with the conditions in section 6. These conditions are safety- and risk-management focused:
- Safe driving: the goods vehicle must be driven in a safe manner having regard to the safety of all passengers on the vehicle.
- Speed restriction: the vehicle must not be driven at a speed exceeding 15 km/h when it is carrying any person who is not in a sitting position on the deck of the vehicle.
- Insurance: there must be in force at all times a policy of insurance relating to the vehicle covering any death of, or bodily injury to, any person caused by or arising out of the use of the vehicle on a road.
For practitioners, the speed condition is particularly operational: it turns on whether any person is not in a sitting position on the deck. This suggests that compliance may require practical arrangements (e.g., ensuring seating positions) and careful driving practices. The insurance condition is also crucial: it requires continuous coverage “at all times” during use for the permitted procession purposes.
6. Non-derogation from other laws (section 7)
Section 7 provides that nothing in the Order derogates from:
- Election-specific restrictions in the Parliamentary Elections Act 1954 or Presidential Elections Act 1991 restricting or prohibiting the use of vehicles in respect of an election under either Act; and
- Any other written law for the time being in force.
This clause is a legal “safety net” ensuring that the exemption does not override other statutory controls. For example, even if the Road Traffic (goods vehicle carriage) rules are exempted, election legislation may still impose separate prohibitions, and public order or other regulatory regimes may still apply.
How Is This Legislation Structured?
The Order is structured in a straightforward sequence:
- Section 1: Citation and commencement (commenced on 14 March 2011).
- Section 2: Definitions (candidate, parliamentary election, permit, political party, presidential election, Returning Officer).
- Section 3: Meaning of “post-election period” (detailed 7-day definitions for presidential elections and parliamentary elections, including contested/uncontested and overseas votes scenarios).
- Sections 4 and 5: Substantive exemptions after presidential election and after general election/by-election respectively, each subject to conditions and requiring a permit.
- Section 6: Conditions of exemption (safe driving, speed limit tied to seating position, and insurance coverage).
- Section 7: Non-derogation (preserves election-specific restrictions and other laws).
- The Schedule: Identifies the specific “written laws” from which exemption is granted. (The extract provided does not list the Schedule contents, but it is central to determining the exact regulatory provisions being disapplied.)
Who Does This Legislation Apply To?
The Order applies to the use of any goods vehicle on any road in connection with specified public processions held during the defined post-election periods. While it is framed as an exemption from road-traffic rules, the practical compliance burden falls on those who organise, authorise, and operate the procession—typically candidates, political parties, procession organisers, and the vehicle operators/drivers.
For presidential elections, authorisation must be by or with the authorisation of any candidate at that presidential election. For parliamentary elections, authorisation may be by or with the authorisation of any candidate or any political party whose candidates are nominated for the election. In all cases, the procession must be conducted in accordance with a permit under the Public Order Act 2009, and the vehicle must meet the safety and insurance conditions in section 6.
Why Is This Legislation Important?
This Order is important because it clarifies when election-related public processions may lawfully involve the carriage of persons in goods vehicles—an area that can otherwise be constrained by road-safety rules. By carving out a narrow, time-limited exemption, it enables political participation and post-election celebration while maintaining minimum safety and liability protections.
From an enforcement and risk perspective, section 6 is the heart of the compliance regime. The speed limit (15 km/h) is a concrete operational threshold tied to whether passengers are seated. The insurance requirement ensures that, even during celebratory processions, there is financial protection for death or bodily injury arising from the vehicle’s use. These provisions reduce the likelihood that exemptions become a loophole for unsafe transport.
Finally, section 7 ensures that the Order does not undermine other legal controls. Practitioners should therefore treat this exemption as conditional and layered: it may remove certain road-traffic restrictions, but it does not eliminate obligations under election legislation, public order permitting, or any other applicable written law. In practice, legal advice should include a cross-check of (i) the permit, (ii) the timing and election status (contested/uncontested and overseas votes), (iii) authorisation by candidates or political parties, and (iv) operational compliance with safety and insurance conditions.
Related Legislation
- Road Traffic Act (Cap. 276) (authorising power: section 142)
- Parliamentary Elections Act 1954 (vehicle restrictions; Returning Officer declarations; nomination and election framework)
- Presidential Elections Act 1991 (vehicle restrictions; Returning Officer declarations; nomination and election framework)
- Public Order Act 2009 (permits for public processions; definition of “permit” in section 2)
- Societies Act 1966 (registration of political parties; definition of “political party”)
Source Documents
This article provides an overview of the Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.