Statute Details
- Title: Road Traffic (Exemption from Section 35) Order 2005
- Act Code: RTA1961-S704-2005
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Road Traffic Act (Chapter 276)
- Power Used: Section 142 of the Road Traffic Act
- Commencement: 10 November 2005
- Primary Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
- Current Version Status: Current version as at 27 March 2026
- Key Amendments Noted in Extract:
- S 794/2018 (effective 10 December 2018) — inserted Section 2(1A)
- S 119/2019 (effective 1 March 2019) — inserted Section 2(1B)
What Is This Legislation About?
The Road Traffic (Exemption from Section 35) Order 2005 is a targeted legal instrument that creates exemptions from a specific road-traffic rule found in the Road Traffic Act (Chapter 276). In plain terms, it allows certain categories of Singapore Police Force personnel—when driving particular police vehicles and when authorised by the Police—to be exempted from the requirements imposed by section 35(1) and (2) of the Road Traffic Act.
The Order is not a general relaxation of traffic law. It is a narrow, operationally driven carve-out. The exemptions are designed to support police functions that require mobility and readiness in high-stakes situations—such as command-and-control operations, crisis negotiation support, and the use of armoured vehicles—where strict compliance with the relevant section of the Act may be impractical or could impede urgent response.
Accordingly, the scope of the exemption is defined by (i) the identity of the driver (e.g., full-time or operationally ready national servicemen in the Special Constabulary; certain police officers), (ii) the class of driving licence held (Class 3 or Class 4, as applicable), (iii) the type of vehicle being driven (including specified specialised police vehicles), and (iv) the existence of a certificate or authorising document issued by the competent authority within the Singapore Police Force.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the instrument and states when it takes effect. The Order may be cited as the Road Traffic (Exemption from Section 35) Order 2005 and came into operation on 10 November 2005. For practitioners, this matters when assessing whether an exemption was available at the time of an incident, prosecution, or administrative action.
Section 2 (Exemption) is the operative provision. It sets out when section 35(1) and section 35(2) of the Road Traffic Act do not apply. The structure of Section 2 is important: it contains multiple sub-paragraphs (2(1), 2(1A), 2(1B)) that address different categories of persons and different vehicle contexts, plus a separate exemption for the Singapore Police Force itself under section 35(2).
Section 2(1): National servicemen in the Special Constabulary exempts section 35(1) of the Road Traffic Act from applying to a person who is a full-time national serviceman or an operationally ready national serviceman enlisted in the Special Constabulary of the Special Operations Command of the Singapore Police Force. The exemption applies only in relation to the person’s driving of a Class 4 motor vehicle that is in the possession of the Singapore Police Force, and only if the person is in possession of a certificate or document issued by the competent authority of the Singapore Police Force to drive that class of vehicle.
This provision is best understood as a conditional exemption: the driver must be within the specified national serviceman category and unit; the vehicle must be a Class 4 vehicle held by the Police; and the driver must hold the relevant authorising documentation. If any element is missing—for example, if the vehicle is not in Police possession, or the certificate/document is not held—then the exemption does not operate.
Section 2(1A): Police employees driving specified mobile command/crisis vehicles (inserted by S 794/2018) extends the exemption to persons employed by the Singapore Police Force who hold a valid Class 3 driving licence granted under the Road Traffic (Motor Vehicles, Driving Licences) Rules. The exemption applies in relation to driving a Class 4 motor vehicle used by the Singapore Police Force in two specific roles:
- Division command vehicle: a Class 4 motor vehicle used as a mobile command and control post; and
- Crisis negotiation unit vehicle: a Class 4 motor vehicle used by the Crisis Negotiation Unit as a mobile crisis negotiation support vehicle.
Crucially, the exemption is conditional on the person holding a certificate or document from the competent authority authorising the person to drive that vehicle. Practically, this means the Police must maintain an internal authorisation mechanism, and the driver must be able to produce the relevant document when required.
Section 2(1B): Police Security Command armoured vehicles (inserted by S 119/2019) further exempts section 35(1) for a narrower group: police officers in the Police Security Command who hold a valid Class 3 driving licence and who are driving a Class 4 motor vehicle used as an armoured vehicle (called a “SecCom Security Vehicle”). Again, the exemption is conditional on the officer holding a certificate or document from the competent authority authorising the officer to drive that vehicle.
Section 2(2): Exemption for the Singapore Police Force provides that section 35(2) of the Road Traffic Act shall not apply to the Singapore Police Force. Unlike the person-specific exemptions in 2(1), 2(1A), and 2(1B), this is an institutional exemption. For practitioners, this suggests that section 35(2) imposes obligations or consequences that are intended to be inapplicable to the Police as an entity, likely reflecting operational realities and the need for flexibility in police driving operations.
Finally, the Order is signed by the Permanent Secretary, Ministry of Home Affairs, indicating the Ministerial authority exercised under the Road Traffic Act’s enabling power.
How Is This Legislation Structured?
This subsidiary legislation is structured in a simple, two-section format:
- Section 1 (Citation and commencement): identifies the instrument and its effective date (10 November 2005).
- Section 2 (Exemption): contains the substantive exemptions. It is subdivided into:
- Section 2(1): exemption for specified national servicemen in the Special Constabulary, driving Class 4 vehicles in Police possession, with authorising documentation.
- Section 2(1A): exemption for Police employees with Class 3 licences driving specified mobile command and crisis negotiation vehicles (Class 4), with authorising documentation.
- Section 2(1B): exemption for Police Security Command officers with Class 3 licences driving armoured SecCom Security Vehicles (Class 4), with authorising documentation.
- Section 2(2): exemption for the Singapore Police Force from section 35(2) of the Road Traffic Act.
There are no schedules or complex procedural provisions in the extract. The legal work therefore focuses on interpreting the conditions and ensuring that the factual matrix (driver category, licence class, vehicle type, Police possession/use, and possession of the authorising certificate/document) is satisfied.
Who Does This Legislation Apply To?
The Order applies to two main groups: (1) individual drivers meeting the specified criteria, and (2) the Singapore Police Force as an entity. For individuals, the exemption is not open-ended; it is limited to those who fall within the defined categories and who are driving particular types of vehicles under Police operational control.
Specifically, the individual exemptions cover: (a) full-time or operationally ready national servicemen enlisted in the Special Constabulary of the Special Operations Command, when driving Class 4 vehicles in Police possession and holding the relevant Police-issued certificate/document; (b) Police employees with valid Class 3 licences driving specified Class 4 mobile command and crisis negotiation support vehicles, with authorising documentation; and (c) Police Security Command officers with valid Class 3 licences driving the SecCom Security Vehicle (armoured vehicle), again with authorising documentation. The institutional exemption covers the Singapore Police Force from section 35(2).
Why Is This Legislation Important?
This Order is important because it operationalises a balance between road traffic regulation and policing needs. Section 35 of the Road Traffic Act (not reproduced in the extract) likely imposes requirements or restrictions that could affect how certain vehicles are driven or how offences/obligations are treated. By carving out specific exemptions, the law enables police operations to proceed without being constrained by the strict application of section 35 in circumstances where the Police have designated vehicles and trained/authorised personnel.
For legal practitioners, the key practical impact is evidential and compliance-focused. In any matter involving police driving, the availability of the exemption will turn on whether the driver can demonstrate the statutory conditions—particularly the possession of the relevant certificate or document issued by the competent authority, and whether the vehicle falls within the defined class and operational description (division command vehicle, crisis negotiation unit vehicle, or SecCom Security Vehicle).
Moreover, the amendments introduced in 2018 and 2019 show that the exemption regime can evolve to cover new operational vehicle types and roles. Practitioners should therefore check the relevant version timeline when assessing incidents occurring before and after the effective dates of S 794/2018 (10 December 2018) and S 119/2019 (1 March 2019). The “current version” label does not automatically mean the same scope applied at earlier times.
Related Legislation
- Road Traffic Act (Chapter 276) — in particular section 35 (exempted) and section 142 (authorising power)
- Road Traffic (Motor Vehicles, Driving Licences) Rules (R 27) — for the validity and grant of Class 3 driving licences
- Road Traffic (Exemption from Section 35) Order 2005 amendments:
- S 794/2018 (effective 10 December 2018)
- S 119/2019 (effective 1 March 2019)
Source Documents
This article provides an overview of the Road Traffic (Exemption from Section 35) Order 2005 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.