Statute Details
- Title: Road Traffic (Exemption from Section 12) Order
- Act Code: RTA1961-OR6
- Legislative 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: Section 2 (definitions); Section 3 (exemption for citizens/permanent residents); Section 4 (exemption for work pass holders); Section 5 (exemption for foreign vehicles used under general licence)
- Primary Legal Effect: Exempts specified persons and vehicles from the operation of section 12 of the Road Traffic Act, subject to strict conditions
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 practical terms, it creates targeted exemptions from a core statutory requirement in section 12 of the Road Traffic Act. While the extract does not reproduce section 12 itself, the structure of the Order makes clear that section 12 imposes a restriction on the use or presence of certain vehicles in Singapore—particularly vehicles that are not registered under the Act (commonly referred to in the Order as “foreign vehicles”).
This Order is designed to accommodate cross-border living and work arrangements, especially where individuals have vehicles registered outside Singapore but need limited, controlled access to use those vehicles within Singapore. It also provides a mechanism for using foreign vehicles in Singapore under a general licence, but only where the Registrar has authorised the use and where insurance and permits are in place.
From a practitioner’s perspective, the Order is best understood as a compliance framework: it does not broadly legalise foreign-vehicle use. Instead, it sets out who may benefit, which vehicles may be used, and what documentary and behavioural conditions must be satisfied to remain exempt from section 12.
What Are the Key Provisions?
Section 2: Definitions provides the interpretive foundation for the Order. Several defined terms are crucial in practice:
- “certificate of insurance” is defined by reference to compliance with the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189). The definition distinguishes between certificates used for different paragraphs (notably paragraphs 3 and 4 versus paragraph 5), reflecting that the insurance documentation must match the exemption pathway.
- “foreign vehicle” means a motor vehicle not registered under the Road Traffic Act but registered in another country (other than Singapore). This is the category the exemptions are largely built around.
- “general licence” refers to a general licence issued under section 28 of the Act in respect of vehicles including one or more foreign vehicles.
- “vehicle entry permit” is a permit granted under the Road Traffic (International Circulation) Rules (R 7). In other words, the Order ties exemption eligibility to the international circulation regime.
Section 3: Exemption for citizen or permanent resident of Singapore is the most detailed exemption provision in the extract. It covers two main scenarios: (i) the citizen/permanent resident themselves, and (ii) in certain cases, the spouse. It also contains a special rule for women citizens married to Malaysian citizens/permanent residents who are not also Singapore citizens/permanent residents.
Under section 3(1), a citizen or permanent resident is exempt from section 12 in respect of a foreign vehicle if all conditions are satisfied, including:
- Residence and work location: the person resides outside Singapore and works and resides in Malaysia.
- Ownership or provision of the vehicle: the person (or spouse) is the registered owner, or the employer is the registered owner and has provided 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.
- Limited use in Singapore: the vehicle may be kept or used in Singapore only on Saturdays, Sundays and public holidays, plus an aggregate of not more than 28 other days in any calendar year (or a greater number as the Registrar may allow in emergencies).
Section 3(2) extends the exemption to the spouse during the validity of the approval, provided the spouse is also a citizen/permanent resident, resides in Malaysia, and the approval under the relevant rule (rule 4 of R 45) is in force. This is important because it prevents a common compliance pitfall: a spouse may otherwise be treated as a separate user without an exemption.
Section 3(3) creates an additional exemption for women citizens who reside outside Singapore and are married to a Malaysian citizen/permanent resident not also a Singapore citizen/permanent resident. The conditions include that she alone drives the vehicle while it is in Singapore, that the vehicle is insured and approved under the relevant approval rule (rule 5 of the R 45 regime), and that the vehicle is kept/used only on the same restricted day pattern (weekends/public holidays plus up to 28 other days, subject to emergency discretion).
Section 4: Exemption for holder of work pass addresses non-citizens/non-permanent residents who hold work passes under the Employment of Foreign Manpower Act (Cap. 91A). Under section 4(1), such a person is exempt from section 12 in respect of a foreign vehicle if:
- the person resides outside Singapore;
- the person is the registered owner of the vehicle;
- there is a vehicle entry permit in force; and
- the vehicle is kept or used outside Singapore for an aggregate period of not less than 6 hours every day.
Section 4(2) is a time-limited modification to the “6 hours every day” condition. It states that the condition does not apply during the period from 18 March 2020 to 30 June 2022 (both dates inclusive) in relation to the person and vehicle mentioned in section 4(1). This is a clear example of how the Order can be amended to respond to exceptional circumstances (notably, the COVID-19 period), while still preserving the overall exemption structure.
Section 5: Exemption in respect of foreign vehicle used under general licence expands the exemption beyond individual approvals and vehicle entry permits into a licensing model used for particular occasions. It applies to:
- Singapore citizens or permanent residents; and
- work pass holders (as defined by the Employment of Foreign Manpower Act).
The exemption is available where the foreign vehicle is used under a general licence on a particular occasion. Key conditions include:
- Authority and status: the user must be the holder of the general licence or employed by and acting under the authority of the general licence holder.
- Registrar authorisation: the Registrar must have authorised the person to use the general licence.
- Specific approval for the occasion: the Registrar must 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.
- Compliance with conditions: the user must comply with every condition imposed by the Registrar under section 28(2) of the Act or rule 60A(3) of R 5.
- Insurance and permits: there must be a certificate of insurance valid for the entire period the foreign vehicle is used in Singapore (whether by the user or any other person under the general licence), and either a vehicle entry permit or a visitor’s licence issued under rule 57 of R 5.
- No suspension/revocation: the Registrar must not have suspended or revoked the general licence.
For practitioners, section 5 is particularly important because it ties exemption to a chain of authorisations—general licence holder authority, Registrar authorisation, occasion-specific approval, and insurance/permit validity. Any break in that chain can expose the vehicle user to enforcement risk.
How Is This Legislation Structured?
The Order is structured as a short, targeted instrument with a conventional layout:
- Section 1 sets out the citation.
- Section 2 contains definitions that govern interpretation.
- Section 3 provides exemptions for Singapore citizens and permanent residents, including spouse-related and gender-specific provisions.
- Section 4 provides exemptions for work pass holders, including a temporary relaxation of a daily “outside Singapore” condition during a specified period.
- Section 5 provides exemptions for foreign vehicles used under a general licence on particular occasions, subject to Registrar approvals and insurance/permit requirements.
Although the extract does not show the full text beyond section 5, the presence of these sections indicates the Order’s purpose: to define narrow exemption categories rather than to create broad regulatory rules.
Who Does This Legislation Apply To?
The Order applies to persons seeking to use or keep foreign vehicles in Singapore without those vehicles being registered under the Road Traffic Act. Eligibility depends on the person’s immigration/work status and the vehicle’s regulatory documentation.
In particular, the exemptions cover: (i) Singapore citizens and permanent residents (section 3), including certain spouse scenarios and a special rule for women citizens married to specified Malaysian nationals; (ii) work pass holders under the Employment of Foreign Manpower Act (section 4); and (iii) users of foreign vehicles under a general licence, where the user is either a Singapore citizen/permanent resident or a work pass holder (section 5). In all cases, the exemption is conditional on approvals, insurance, and permits being valid and on compliance with the behavioural limits (such as restricted days in Singapore or the “outside Singapore” time requirement).
Why Is This Legislation Important?
For lawyers advising individuals or employers with cross-border vehicle arrangements, the Order is critical because it determines whether a foreign vehicle use in Singapore falls within a lawful exemption from section 12. In practice, the difference between being exempt and not being exempt can be decisive for enforcement outcomes, including potential offences and administrative action.
The Order’s compliance model is document-heavy and condition-specific. It requires practitioners to verify not only the user’s status (citizen, permanent resident, or work pass holder) but also the existence and validity of: approvals under the relevant exemption approval rules, vehicle entry permits, and insurance certificates that comply with the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189). It also requires careful attention to time-based and day-based limitations (e.g., the 28-day cap and weekend/public holiday restriction in section 3, and the “6 hours every day” rule in section 4).
Additionally, section 4(2) demonstrates that exemption conditions can be temporarily modified by amendments. Practitioners should therefore always check the current version and the amendment history to confirm whether any transitional or time-limited relief applies to the relevant period.
Related Legislation
- Road Traffic Act (Cap. 276), particularly section 12 (the provision from which exemption is granted) and section 28 (referenced in section 5)
- Employment of Foreign Manpower Act (Cap. 91A) (work pass holders)
- Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189) (insurance compliance)
- 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) (general licence and occasion-specific approvals referenced in section 5)
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.