Statute Details
- Title: Road Traffic (Exemption of Trishaws and Trishaw Riders) Order
- Act Code: RTA1961-OR15
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Road Traffic Act (Cap. 276)
- Current Status: Current version as at 27 Mar 2026
- Key Provisions: Paragraphs 1–2 (Citation and Exemption)
- Principal Amendment Noted: Amended by S 175/2024 with effect from 01/03/2024
- Original Publication / History (as shown): G.N. No. S 445/2001; Revised Edition 2002 (31 Jan 2002)
What Is This Legislation About?
The Road Traffic (Exemption of Trishaws and Trishaw Riders) Order is a targeted regulatory instrument made under the Road Traffic Act (Cap. 276). In plain terms, it creates specific exemptions from certain duties, restrictions, or regulatory requirements that would otherwise apply to trishaws and trishaw riders.
Rather than rewriting the Road Traffic Act, the Order selectively disapplies listed sections of the Act in defined circumstances. This approach is common in Singapore traffic regulation: the primary Act sets general rules, while subsidiary orders carve out practical exceptions to accommodate particular modes of transport and commercial arrangements.
The Order is particularly relevant to operators and riders involved in tourism and public-service use of trishaws. It also clarifies how “travel agent” arrangements and vocational licensing interact with the Act’s general framework. For practitioners, the key legal value lies in understanding exactly which provisions are exempted, and when the exemption applies.
What Are the Key Provisions?
1. Citation (Paragraph 1)
Paragraph 1 provides the short title: the “Road Traffic (Exemption of Trishaws and Trishaw Riders) Order”. This is standard drafting, but it matters for legal referencing in submissions, compliance documentation, and enforcement correspondence.
2. Exemption from specified Road Traffic Act provisions (Paragraph 2(1))
Paragraph 2(1) is the core exemption. It states that Sections 5A, 10A, 11, 11AA, 11A, 13, 15, 19, 28, 28A and 29(2) of the Act do not apply in respect of a trishaw registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules (R 40).
Practically, this means that once a trishaw meets the specified registration condition, the listed statutory provisions are disapplied to that trishaw. The legal effect is not merely administrative convenience; it can alter the compliance obligations and potential liabilities that would otherwise attach under the Act.
Important practitioner point: the exemption is tied to the trishaw’s registration status under the specified rule. Therefore, compliance analysis should begin with documentary proof of registration and the correct classification of the vehicle as a “trishaw” under the relevant rules.
3. Expanded exemption for vocationally licensed trishaws (Paragraph 2(1A))
Paragraph 2(1A), inserted by S 175/2024 effective 01/03/2024, extends the exemption framework. It provides that the same set of Act sections (5A, 10A, 11, 11AA, 11A, 13, 15, 19, 28, 28A and 29(2)) do not apply in respect of a trishaw that is kept or used by a person who holds a vocational licence granted under section 110 of the Act to use the trishaw as a public service vehicle.
This provision is significant because it introduces a second pathway to exemption: not only trishaws registered under the trishaw registration rules, but also trishaws operated under a vocational licensing regime for public service use. The legal logic appears to be that certain regulatory burdens in the Act are unnecessary or inappropriate for trishaws operating under a vocational licence framework.
Practitioner point: the exemption depends on the keeper or user holding the relevant vocational licence under section 110. In enforcement or dispute scenarios, it will therefore be crucial to identify who “keeps or uses” the trishaw and whether that person holds the licence.
4. Exemption from section 110 for certain hired services (Paragraph 2(2))
Paragraph 2(2) addresses a different but related issue: it states that section 110 of the Act shall not apply to any trishaw rider where two conditions are met:
- (a) the rider’s services are hired by a travel agent for the purposes of any tour conducted by the travel agent; and
- (b) the rider satisfies the Registrar that he is a fit and proper person to ride a trishaw for the purposes of such tour.
This provision is designed to facilitate tourism arrangements. It recognises that trishaw riding may be integrated into guided tours organised by licensed travel agents, and it avoids applying the vocational licensing requirement in section 110 to riders in those circumstances—provided the Registrar is satisfied on “fit and proper” criteria.
5. Definitions and cross-references (Paragraph 2(3))
Paragraph 2(3) supplies key definitions:
- “travel agent” means a person licensed to carry on the business of a travel agent under the Travel Agents Act 1975.
- “trishaw” has the meaning given by rule 2 of the Road Traffic (Bicycles, Three‑wheeled Pedal Cycles, Trishaws and Recumbent Devices — Construction and Use) Rules 2024 (G.N. No. S 157/2024).
These definitions are not mere drafting formality. They determine whether the exemption is available. For example, if the organiser is not a licensed travel agent under the Travel Agents Act 1975, paragraph 2(2) may not apply. Similarly, if the vehicle does not fall within the statutory definition of “trishaw” under the 2024 construction and use rules, the exemption may fail.
How Is This Legislation Structured?
The Order is concise and structured around two operative provisions:
Paragraph 1 sets out the citation. Paragraph 2 contains the substantive exemptions, divided into subsections that address (i) trishaws registered under the trishaw registration rules, (ii) trishaws used under vocational licensing for public service vehicles, and (iii) trishaw riders hired by licensed travel agents for tours, subject to a “fit and proper” satisfaction requirement to the Registrar.
In addition, paragraph 2(3) provides interpretive definitions that link the Order to other regulatory instruments—particularly the Travel Agents Act 1975 and the 2024 construction and use rules for the meaning of “trishaw”.
Who Does This Legislation Apply To?
The exemptions primarily concern trishaws and trishaw riders. The vehicle-based exemptions in paragraph 2(1) and 2(1A) apply to trishaws meeting specified conditions: either registered under the trishaw registration rules, or kept/used by a person holding a vocational licence under section 110 for public service vehicle use.
The rider-based exemption in paragraph 2(2) applies to trishaw riders whose services are hired by a licensed travel agent for tours, where the rider satisfies the Registrar that he is a fit and proper person for the tour purpose. This means the exemption is not automatic; it is contingent on both the hiring arrangement and the Registrar’s satisfaction.
Why Is This Legislation Important?
For practitioners, the Order is important because it can materially change the regulatory compliance landscape for trishaw operations. By disapplying specified sections of the Road Traffic Act, it can affect licensing, operational requirements, and potential enforcement exposure. In practice, the difference between a provision applying and being exempted can determine whether a rider or operator is in breach of the Act.
The Order also reflects a policy balance: maintaining traffic regulatory standards while enabling practical commercial and tourism use of trishaws. The inclusion of a vocational licensing pathway (paragraph 2(1A)) indicates that the legislature expects some trishaw operations to be integrated into public service vehicle frameworks, but with tailored exemptions to avoid duplicative or unsuitable requirements.
Finally, the “travel agent tour” exemption (paragraph 2(2)) is a key compliance tool for tourism-related arrangements. It allows tours to proceed without applying section 110 to the rider, provided the Registrar is satisfied on “fit and proper” status. This creates a procedural and evidential focus: practitioners advising travel agents, tour operators, or riders should ensure that the hiring structure is correct (licensed travel agent) and that the rider’s suitability can be demonstrated to the Registrar.
Related Legislation
- Road Traffic Act (Cap. 276), including sections referenced in the Order (e.g., sections 5A, 10A, 11, 11AA, 11A, 13, 15, 19, 28, 28A, 29(2), and section 110)
- Road Traffic (Registration of Trishaws) Rules (R 40), rule 2
- Road Traffic (Bicycles, Three‑wheeled Pedal Cycles, Trishaws and Recumbent Devices — Construction and Use) Rules 2024 (G.N. No. S 157/2024), rule 2
- Travel Agents Act 1975
Source Documents
This article provides an overview of the Road Traffic (Exemption of Trishaws and Trishaw Riders) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.