Statute Details
- Title: Road Traffic (Exemption from Section 12) Order
- Act / Instrument Code: RTA1961-OR6
- Type: Subsidiary legislation (SL)
- Authorising Act: Road Traffic Act (Chapter 276)
- Primary Subject: Exemptions from section 12 of the Road Traffic Act
- Key Provisions (from extract): Sections 2, 3, 4, 5
- Current Version Status: Current version as at 27 Mar 2026 (per metadata)
- Legislative History (highlights): Substantially amended multiple times between 2005 and 2022 (e.g., SL 722/2005; S 503/2008; and a series of amendments in 2020–2022)
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 certain vehicles—often vehicles not registered in Singapore—may be kept or used in Singapore without breaching the general rule in section 12 of the Road Traffic Act.
Section 12 of the Road Traffic Act generally restricts the use of motor vehicles in Singapore unless they are properly registered (or otherwise authorised). This Order does not repeal or replace that rule. Instead, it carves out targeted exemptions for particular categories of persons and vehicles, subject to conditions such as residency, work arrangements, approvals, insurance, and vehicle entry permits.
Practically, the Order is designed to manage cross-border mobility and temporary or limited use of foreign or unregistered vehicles in Singapore. It addresses (i) Singapore citizens and permanent residents who live and work in Malaysia, (ii) holders of work passes who meet defined criteria, and (iii) certain foreign vehicles used under a general licence on a particular occasion. It also contains time-limited modifications to conditions during the COVID-19 period, reflecting operational flexibility while maintaining regulatory oversight.
What Are the Key Provisions?
Section 2 (Definitions). The Order begins by defining key terms that control how the exemptions operate. The extract shows definitions for “certificate of insurance”, “foreign vehicle”, “general licence”, and “vehicle entry permit”. These definitions are important because the exemptions are conditional: the validity and scope of insurance, the meaning of “foreign vehicle”, and the existence of a vehicle entry permit determine whether the exemption applies.
Notably, the definition of “certificate of insurance” is linked to the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189). This ensures that, even where a vehicle is not registered under the Road Traffic Act, the insurance framework remains aligned with Singapore’s third-party risk requirements. The definition also distinguishes between certificates used for different exemption paragraphs, which can matter for compliance and evidentiary proof.
Section 3 (Exemption for citizen or permanent resident of Singapore). This is the most detailed exemption in the extract. It provides that a Singapore citizen or permanent resident may be exempted from section 12 in respect of a vehicle not registered under the Act if multiple conditions are satisfied.
The conditions reflect a cross-border living and working pattern. The person must (a) reside outside Singapore and (b) work and reside in Malaysia. The vehicle must be connected to the person’s circumstances: it may be owned by the person or spouse, or provided by an employer who is the registered owner, or hired for the person’s use alone. Critically, there must be (d) a valid approval under the Road Traffic (Exemption from Section 12 — Approval) Rules (R 45), (d)(ii) a certificate of insurance valid for the approval period, and (d)(iii) a vehicle entry permit.
Section 3 also imposes strict limits on when the vehicle may be kept or used in Singapore. The vehicle may be kept or used 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). This “day-count” limitation is a central compliance point: even if approvals and permits are in place, exceeding the permitted days can undermine the exemption.
Spouse-related exemption (Section 3(2)). Where the primary person is exempted under section 3(1), the spouse may also be exempted during the approval period, provided the spouse is a citizen or permanent resident who resides in Malaysia, the vehicle ownership arrangement matches the statutory requirements, and there is a valid approval under the relevant rule for the spouse’s use. This provision is particularly relevant for family arrangements and for ensuring that both spouses’ driving/vehicle use remains within the exemption’s boundaries.
Special provision for women citizens (Section 3(3)). The extract includes a specific exemption for “any woman who is a citizen of Singapore” who meets conditions including marriage to a citizen or permanent resident of Malaysia who is not also a Singapore citizen or permanent resident. The exemption requires that she alone drives the vehicle while it is in Singapore, and it includes the same day restrictions (weekends/public holidays plus up to 28 other days, subject to emergency extensions). This provision is legally significant because it creates a distinct category with its own eligibility criteria and operational constraints.
Section 4 (Exemption for holder of work pass). Section 4 extends exemptions to persons who are not citizens or permanent residents but who hold a work pass issued under the Employment of Foreign Manpower Act (Cap. 91A). The person must (a) reside outside Singapore, (b) be the registered owner of the vehicle, and (c) have a vehicle entry permit. The key operational condition is (d): the vehicle must be kept or used outside Singapore for an aggregate period of not less than 6 hours every day.
This “6 hours every day” requirement is a compliance lever. It is designed to ensure that the vehicle is not effectively operating as a Singapore-based vehicle. However, the Order includes a time-limited relaxation: Section 4(2) states that the 6-hour condition does not apply during the period between 18 March 2020 and 30 June 2022 (both dates inclusive) in relation to the person and vehicle mentioned in section 4(1). This reflects pandemic-era travel and operational disruptions, while still preserving the exemption framework (residency outside Singapore, registered ownership, and vehicle entry permit remain relevant).
Section 5 (Exemption in respect of foreign vehicle used under general licence). Section 5 addresses a different scenario: foreign vehicles used under a general licence on a particular occasion. It applies to Singapore citizens/permanent residents and work pass holders. The exemption is conditional on the person being the holder of the general licence or acting under the authority of the holder, and on the Registrar authorising the use of the general licence.
Section 5 further requires that the Registrar has 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. The person must also comply 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 entry documentation are again central. There must be in force (e)(i) a certificate of insurance valid for the entire period during which the foreign vehicle is used in Singapore (whether by the exempted person or any other person under the general licence) and (e)(ii) a vehicle entry permit or a visitor’s licence issued under rule 57 of the R 5 Rules. Finally, the exemption applies only if the Registrar has not suspended or revoked the general licence.
How Is This Legislation Structured?
The Order is structured as a short instrument with a citation provision, a definitions section, and three substantive exemption provisions. Based on the extract, the main layout is:
Section 1: Citation (how the Order is referred to).
Section 2: Definitions of key terms used throughout the Order.
Section 3: Exemption for Singapore citizens and permanent residents, including spouse-related and special categories.
Section 4: Exemption for holders of work passes, including a temporary modification to the “6 hours every day” condition.
Section 5: Exemption for foreign vehicles used under a general licence on a particular occasion, subject to Registrar approvals and insurance/entry permit requirements.
Who Does This Legislation Apply To?
The Order applies to persons seeking to keep or use vehicles in Singapore without complying with the registration-related restriction in section 12 of the Road Traffic Act. Eligibility depends on the person’s status and the vehicle’s registration position.
In broad terms, the Order covers: (i) Singapore citizens and permanent residents who reside outside Singapore and work/reside in Malaysia (and, in defined circumstances, their spouses and certain women citizens), (ii) non-citizens/non-permanent residents who hold work passes under the Employment of Foreign Manpower Act (Cap. 91A), and (iii) persons using foreign vehicles under a general licence, where the Registrar has authorised the use for a particular occasion. In all cases, the exemption is conditional and requires documentary compliance—approvals, insurance, and vehicle entry permits (or visitor’s licences) are recurring prerequisites.
Why Is This Legislation Important?
This Order is important because it provides the legal pathway for cross-border vehicle use that would otherwise be prohibited or restricted under section 12 of the Road Traffic Act. For practitioners, it is a compliance map: it identifies exactly what must be in place (approvals, insurance validity, vehicle entry permits, and limits on in-Singapore use) for an exemption to apply.
From an enforcement and risk perspective, the Order’s conditions are not merely formalities. The day-count limits in section 3, the “6 hours every day” rule (and its COVID-era suspension) in section 4, and the Registrar-approval and insurance requirements in section 5 are all points where non-compliance can lead to loss of the exemption and potential regulatory or prosecutorial consequences under the Road Traffic Act framework.
For legal advisers, the Order also has evidentiary implications. Because exemptions depend on “in force” approvals and insurance, practitioners should ensure that clients maintain contemporaneous documentation and that the approvals align precisely with the vehicle, the person driving/using, and the relevant time periods. Where spouses are involved, the spouse-specific approval requirements and ownership conditions should be checked carefully to avoid inadvertent breach.
Related Legislation
- Road Traffic Act (Cap. 276): In particular section 12 (registration-related restriction) and the enabling provisions for exemptions.
- Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189): Insurance framework referenced in the definition of “certificate of insurance”.
- Employment of Foreign Manpower Act (Cap. 91A): Work pass issuance referenced for section 4 eligibility.
- Road Traffic (Exemption from Section 12 — Approval) Rules (R 45): Approval rules referenced for citizen/permanent resident and spouse/special categories.
- Road Traffic (Motor Vehicles, Registration and Licensing) Rules (R 5): Rule 60A (general licence use approval) and rule 57 (visitor’s licence) referenced for section 5.
- Road Traffic (International Circulation) Rules (R 7): Vehicle entry permit definition referenced.
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.