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)
- Citation: Road Traffic (Exemption of Trishaws and Trishaw Riders) Order
- G.N. No. (original): S 445/2001
- Revised Edition: 2002 Rev. Ed. (31 January 2002)
- Current version status: Current version as at 27 March 2026
- Key Provisions (extract): Paragraphs 1 (Citation) and 2 (Exemption)
- Amendment noted in extract: S 175/2024 (effective 1 March 2024)
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 requirements in the Road Traffic Act for trishaws and, in limited circumstances, for trishaw riders. The Order is not a general “trishaw law”; rather, it selectively carves out situations where the full force of particular Act provisions is not intended to apply.
The practical effect is that certain statutory obligations—set out in specified sections of the Road Traffic Act—are suspended for trishaws that meet defined conditions. The Order also addresses how trishaw riders may be engaged in tour-related activities arranged by licensed travel agents, and it clarifies how “trishaw” is to be understood by reference to the relevant construction and use rules.
From a compliance perspective, this Order matters because it changes the legal baseline for trishaw operations. A practitioner advising trishaw operators, travel agents, or riders must determine whether the trishaw is within the exemption categories and whether the rider’s circumstances satisfy the conditions. If the exemption applies, certain Act provisions do not apply; if it does not, the general Road Traffic Act regime remains applicable.
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.” While this is standard drafting, it is useful for identifying the instrument in correspondence, submissions, and regulatory references.
2. Core exemption for specified trishaws (Paragraph 2(1))
Paragraph 2(1) is the central operative provision. It states that certain sections of the Road Traffic Act do not apply “in respect of a trishaw” registered under rule 2 of the Road Traffic (Registration of Trishaws) Rules (R 40).
The exempted Act sections are listed precisely: sections 5A, 10A, 11, 11AA, 11A, 13, 15, 19, 28, 28A and 29(2). Although the extract does not reproduce the content of those sections, the legal technique is clear: the Order removes the applicability of those provisions to the specified class of trishaws. In practice, this means that if a trishaw is properly registered under the relevant registration rules, the operator and rider may not need to comply with the particular requirements contained in those enumerated sections.
3. Expanded exemption for trishaws used as public service vehicles (Paragraph 2(1A))
The Order was amended by S 175/2024 (effective 1 March 2024), adding paragraph 2(1A). This provision extends the exemption to a different factual scenario: 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.
In other words, the exemption is not limited to trishaws registered under R 40 alone; it also applies where the trishaw is operated within a vocational licensing framework for public service vehicle use. This is significant for operators who may be transitioning between private/tourist uses and public service vehicle operations, or who operate under a licensing model that brings them within section 110.
4. Limitation on section 110 and conditions for tour hiring (Paragraph 2(2))
Paragraph 2(2) addresses the application of section 110 of the Act to trishaw riders. It provides that section 110 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 a 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 is a nuanced exemption. It does not broadly remove section 110 from all trishaw rider situations; it is limited to rider engagement through licensed travel agents and for tour purposes. The “fit and proper” requirement introduces a gatekeeping function: the Registrar must be satisfied based on the rider’s suitability for the specific tour context.
5. Definitions (Paragraph 2(3))
Paragraph 2(3) supplies interpretive anchors:
- “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 legally important because they prevent disputes about whether a particular operator is a “travel agent” for the exemption, and whether a particular vehicle qualifies as a “trishaw” under the construction and use rules. Practitioners should therefore cross-check the vehicle classification and the licensing status of the travel agent.
How Is This Legislation Structured?
The Order is brief and structured around two operative components:
- Paragraph 1 sets out the citation (how the Order is referred to).
- Paragraph 2 contains the exemption framework, including:
- Paragraph 2(1): exemption for trishaws registered under the trishaw registration rules (R 40);
- Paragraph 2(1A): exemption for trishaws kept or used by persons holding a vocational licence under section 110 for public service vehicle use;
- Paragraph 2(2): limitation/exemption from section 110 for trishaw riders hired by licensed travel agents for tours, subject to “fit and proper” satisfaction by the Registrar;
- Paragraph 2(3): definitions of “travel agent” and “trishaw”.
Notably, the Order is not divided into “Parts” in the extract, and the operative content is concentrated in a single paragraph. This makes it relatively easy to read but requires careful attention to the enumerated statutory sections and the conditions attached to each exemption.
Who Does This Legislation Apply To?
The Order applies to (i) trishaws that fall within the specified registration or licensing categories, and (ii) trishaw riders in the specific tour-hiring scenario described in paragraph 2(2). It is therefore relevant to multiple stakeholders in the trishaw ecosystem: vehicle owners/operators, vocational licence holders, riders, and travel agents arranging tours.
For trishaw owners/operators, the key question is whether the trishaw is registered under R 40 (paragraph 2(1)) or is kept/used by a vocational licence holder for public service vehicle use (paragraph 2(1A)). For travel agents and riders, the key question is whether the rider is hired by a licensed travel agent for a tour and whether the rider satisfies the Registrar that he is “fit and proper” for that tour purpose (paragraph 2(2)).
Why Is This Legislation Important?
This Order is important because it creates legal certainty by clarifying when certain Road Traffic Act provisions do not apply to trishaws and trishaw riders. In a regulated environment, exemptions reduce compliance burdens and prevent over-application of general rules that may not fit the operational realities of trishaw services—particularly those connected to tourism and public service vehicle licensing models.
For practitioners, the enumerated list of exempted sections in paragraph 2(1) is a critical compliance checklist. Advising clients without mapping those sections to the client’s exact circumstances risks either (a) unnecessary regulatory exposure if the exemption is available but not relied upon, or (b) incorrect reliance on the exemption if the factual conditions are not met.
The 2024 amendment (S 175/2024 effective 1 March 2024) underscores that the regulatory framework is evolving. The addition of paragraph 2(1A) and the updated definition of “trishaw” by reference to the 2024 construction and use rules mean that practitioners should verify the current version and ensure that internal compliance policies reflect the latest legislative cross-references.
Finally, paragraph 2(2) is practically significant for the tourism sector. It provides a pathway for trishaw riders to participate in tours arranged by licensed travel agents without section 110 applying to them, provided the Registrar is satisfied of the rider’s fitness and propriety for the tour. This balances operational flexibility with a suitability safeguard.
Related Legislation
- Road Traffic Act (Cap. 276) — including sections referenced in the Order (notably 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 (registration basis referenced in paragraph 2(1))
- Road Traffic (Bicycles, Three‑wheeled Pedal Cycles, Trishaws and Recumbent Devices — Construction and Use) Rules 2024 (G.N. No. S 157/2024) — rule 2 (definition of “trishaw” referenced in paragraph 2(3))
- Travel Agents Act 1975 — licensing of “travel agent” referenced in paragraph 2(3)
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.