Statute Details
- Title: Road Traffic (Exemption from Section 12) Order
- Act Code: RTA1961-OR6
- Type: Subsidiary legislation (SL)
- Authorising Act: Road Traffic Act (Cap. 276)
- Current status: Current version as at 27 Mar 2026
- Commencement date: Not stated in the provided extract
- Key provisions (from extract): Section 2 (definitions); Section 3 (exemption for citizens/permanent residents); Section 4 (exemption for work pass holders); Section 5 (exemption for foreign vehicle under general licence)
- Related instruments referenced: Road Traffic (Exemption from Section 12 — Approval) Rules (R 45); Road Traffic (International Circulation) Rules (R 7); Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5); Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189); Employment of Foreign Manpower Act (Cap. 91A)
What Is This Legislation About?
The Road Traffic (Exemption from Section 12) Order is a regulatory instrument made under the Road Traffic Act (Cap. 276). In plain terms, it creates specific situations where a person may use or keep a motor vehicle in Singapore even though that vehicle is not registered under the Road Traffic Act. The general rule in section 12 of the Road Traffic Act restricts the use/keeping of unregistered vehicles; this Order carves out targeted exemptions.
The Order is particularly relevant to cross-border vehicle use—most notably where Singapore citizens, permanent residents, or certain non-citizens (such as work pass holders) have vehicles registered abroad (for example, in Malaysia) and need to drive or keep those vehicles in Singapore for limited periods. It also addresses operational scenarios involving “general licences” that allow authorised use of foreign vehicles on particular occasions.
From a practitioner’s perspective, the Order is best understood as a compliance framework: it does not merely “permit” foreign vehicles; it conditions the exemption on documentary approvals, insurance coverage, vehicle entry permits, and strict limits on when and how the vehicle may be kept or used in Singapore. Failure to satisfy any condition can mean the exemption does not apply, exposing the user to enforcement under the Road Traffic Act.
What Are the Key Provisions?
Section 2 (Definitions) sets the interpretive foundation. It defines key terms such as “certificate of insurance”, “foreign vehicle”, “general licence”, and “vehicle entry permit”. The definition of “certificate of insurance” is especially important because it links acceptable insurance documentation to the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189). This ensures that, for exemption purposes, the insurance must comply with the third-party risks regime.
The definition of “foreign vehicle” is also central: it means a motor vehicle not registered under the Road Traffic Act, but registered under another country’s motor vehicle law (other than Singapore). This aligns the Order with cross-border registration realities. “General licence” refers to a general licence issued under section 28 of the Act in respect of vehicles that include one or more foreign vehicles. Finally, “vehicle entry permit” refers to a permit granted under the Road Traffic (International Circulation) Rules (R 7).
Section 3 (Exemption for citizen or permanent resident of Singapore) provides the most detailed exemption pathway for Singapore citizens and permanent residents. Under section 3(1), a person who is a citizen or permanent resident may be exempted from section 12 in respect of a non-registered vehicle if multiple conditions are satisfied, including:
- Residency and work location: the person resides outside Singapore and works and resides in Malaysia.
- Ownership or provision: the person or spouse is the registered owner, or the employer is the registered owner and provides the vehicle, or the employer has hired the vehicle for the person’s use alone.
- Regulatory approvals and permits: there must be a valid approval under the Road Traffic (Exemption from Section 12 — Approval) Rules (R 45), a valid certificate of insurance for the approval period, and a vehicle entry permit.
- Time limits in Singapore: the vehicle may be kept or used in Singapore only on Saturdays, Sundays and public holidays, and for an aggregate of not more than 28 other days in any calendar year (or a greater number of days as the Registrar may allow in emergencies).
Section 3(2) extends the exemption to the spouse where the primary person is exempted under section 3(1). The spouse must be a citizen or permanent resident, reside in Malaysia, and the vehicle ownership and approval conditions must align with a valid approval under rule 4 of the R 45 approval rules. This provision is practically significant for family arrangements where both spouses may need to use the same foreign vehicle in Singapore during the approval period.
Section 3(3) addresses a specific category: women who are citizens of Singapore married to a citizen or permanent resident of Malaysia who is not also a Singapore citizen/permanent resident. This provision mirrors the structure of section 3(1) but includes an additional condition that the woman alone drives the vehicle while it is in Singapore. It also imposes the same general time-limitation framework (weekends/public holidays plus up to 28 other days per calendar year, subject to emergency extensions by the Registrar).
Section 4 (Exemption for holder of work pass) shifts the focus to non-citizens. Under section 4(1), any person who is not a citizen or permanent resident and who holds a work pass issued under the Employment of Foreign Manpower Act (Cap. 91A) may be exempted from section 12 in respect of a foreign vehicle if conditions are met, including:
- Residency outside Singapore (the person resides outside Singapore).
- Registered ownership (the person is the registered owner of the vehicle).
- Vehicle entry permit is in force.
- Minimum time outside Singapore: the vehicle is kept or used outside Singapore for an aggregate period of not less than 6 hours every day.
Section 4(2) provides a transitional relaxation: the “6 hours every day” condition does not apply during the period between 18 March 2020 and 30 June 2022 (both inclusive) in relation to the person and vehicle mentioned in section 4(1). The extract shows a series of amendments around 2020–2022, consistent with regulatory adjustments during the COVID-19 period and subsequent recovery. For counsel, this means historical compliance assessments may require checking the relevant version of the Order at the time of the vehicle’s use/keeping.
Section 5 (Exemption in respect of foreign vehicle used under general licence) addresses a different operational model: use of foreign vehicles under a general licence on a particular occasion. Section 5 applies to:
- Singapore citizens or permanent residents, and
- holders of work passes under the Employment of Foreign Manpower Act (Cap. 91A).
The exemption is conditional on the user being the holder of the general licence (or employed by and acting under the authority of the holder), and on the Registrar authorising the use of the general licence. Critically, the Registrar must also have granted approval under rule 60A of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5) for the general licence to be used upon the foreign vehicle on that occasion.
Section 5 further requires compliance with every condition imposed by the Registrar under section 28(2) of the Road Traffic Act or rule 60A(3) of the R 5 rules. Insurance and permits must also be in place for the foreign vehicle for the entire period of use in Singapore under the general licence, including a certificate of insurance and either a vehicle entry permit or a visitor’s licence issued under rule 57 of the R 5 rules. Finally, the general licence must not have been suspended or revoked by the Registrar.
How Is This Legislation Structured?
The Order is structured as a short set of provisions typical of subsidiary legislation made to implement a specific exemption scheme. Based on the extract, it contains:
- Section 1 (Citation): provides the short title.
- Section 2 (Definitions): defines terms used throughout the Order, including insurance and licensing concepts.
- Section 3 (Exemption for citizen or permanent resident): sets out the conditions for citizens/permanent residents, including spouse-related and gender-specific pathways.
- Section 4 (Exemption for work pass holders): sets out conditions for non-citizens holding work passes, including a time-outside-Singapore requirement and a COVID-era modification.
- Section 5 (Exemption under general licence): governs occasion-based use of foreign vehicles under a general licence, with Registrar approvals, insurance, and permit requirements.
Although the extract does not show “Parts” (it states “Parts: N/A”), the substantive content is concentrated in these sections, with cross-references to the R 45 and R 5 rules and to the Road Traffic (International Circulation) Rules (R 7).
Who Does This Legislation Apply To?
The Order applies to persons seeking an exemption from section 12 of the Road Traffic Act in respect of vehicles that are not registered under the Act. It therefore targets both individuals and operational users who may lawfully keep or use foreign vehicles in Singapore without local registration, but only within the exemption conditions.
In terms of categories, the Order applies to: (i) Singapore citizens and permanent residents (section 3), including certain spouse-related scenarios and a specific provision for women citizens married to Malaysian citizens/permanent residents; (ii) non-citizens who are work pass holders under the Employment of Foreign Manpower Act (section 4); and (iii) citizens/permanent residents and work pass holders who use foreign vehicles under a general licence on a particular occasion (section 5). In each case, the exemption is conditional on compliance with approvals, permits, insurance, and time/location restrictions.
Why Is This Legislation Important?
This Order is important because it provides the legal mechanism that makes cross-border vehicle use feasible while maintaining regulatory control. For practitioners, the key point is that the exemption is not automatic: it depends on meeting multiple cumulative conditions, many of which are administrative in nature (approvals, permits, and insurance validity periods).
In enforcement terms, the Order reduces the risk of unregistered-vehicle offences where the Registrar’s approval framework and third-party risk protections are satisfied. However, because the exemption is conditional, counsel should treat it as a compliance checklist rather than a broad permission. For example, section 3’s limitation on days in Singapore (weekends/public holidays plus up to 28 other days per calendar year, subject to emergency extensions) is a common practical constraint that can become contentious if vehicle usage patterns exceed the permitted aggregate.
From a transactional and advisory perspective, the Order also affects how employers, insurers, and vehicle users structure documentation. Insurance must be valid for the relevant approval period; vehicle entry permits must be in force; and where general licences are involved, the Registrar’s occasion-specific approval under rule 60A of the R 5 rules must be obtained. Additionally, the work pass exemption’s “6 hours every day” requirement—and its COVID-era suspension—means that historical conduct may need careful version-by-version analysis.
Related Legislation
- Road Traffic Act (Cap. 276), in particular section 12 (general restriction on unregistered vehicles) and section 28 (general licence context)
- Road Traffic (Exemption from Section 12 — Approval) Rules (R 45) (approvals referenced in section 3)
- Road Traffic (International Circulation) Rules (R 7) (vehicle entry permits)
- Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5) (rule 60A and visitor’s licence under rule 57)
- Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) (insurance compliance)
- Employment of Foreign Manpower Act (Cap. 91A) (work pass holders)
Source Documents
This article provides an overview of the Road Traffic (Exemption from Section 12) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.