Statute Details
- Title: Road Traffic (Motor Vehicles, Construction and Use) (Exemption) Order 2017
- Act Code: RTA1961-S794-2017
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Road Traffic Act (Cap. 276), section 142
- Citation: SL 794/2017
- Commencement: 30 December 2017
- Enacting Authority: Minister for Transport (made by the Permanent Secretary, Ministry of Transport)
- Key Provisions: Section 1 (citation and commencement), Section 2 (definitions), Section 3 (exemption)
- Specified Vehicle: Vehicle bearing registration number SG5999Z
- Specified Service: A “bus service” operated by a Class 1 bus service licence holder under a contract with the Land Transport Authority of Singapore
- Insurance Condition: Continuous policy of insurance covering property damage and death/bodily injury
What Is This Legislation About?
The Road Traffic (Motor Vehicles, Construction and Use) (Exemption) Order 2017 is a targeted regulatory instrument that grants a limited exemption from certain road traffic rules for a particular bus vehicle, identified by its registration number: SG5999Z. In plain terms, it allows that specified bus—when it is being used to operate an identified bus service—to operate without complying with selected requirements that would otherwise apply under the Road Traffic (Motor Vehicles, Construction and Use) Rules.
This type of exemption order is typically used where the Government needs to permit a specific operational arrangement, trial, or special circumstance without changing the general rules for all road users. The exemption is not open-ended: it is expressly limited to the specified bus, to the time when it is being used to operate the relevant bus service, and to compliance with a strict insurance condition.
Although the order is short, it is legally significant because it modifies the application of the underlying regulatory framework. For practitioners, the key issues are (i) the precise scope of the exemption (what rules are disapplied), (ii) the definition of the bus service context in which the exemption applies, and (iii) the mandatory insurance condition that must be maintained at all times.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity and effective date of the order. It states that the order is the “Road Traffic (Motor Vehicles, Construction and Use) (Exemption) Order 2017” and that it comes into operation on 30 December 2017. For legal work, this matters when determining whether the exemption could apply to incidents, compliance audits, or enforcement actions occurring after the commencement date.
Section 2 (Definitions) defines two terms that control the scope of the exemption: “bus service” and “specified bus.” The definition of “bus service” is not generic. It requires that the service is operated (a) by a bus operator holding a Class 1 bus service licence under the Bus Services Industry Act 2015, and (b) under a contract with the Land Transport Authority of Singapore for the carriage of passengers on the specified bus. This ensures that the exemption is tied to a regulated commercial passenger service framework rather than ad hoc or non-licensed operations.
The definition of “specified bus” is precise: it is the vehicle bearing registration number SG5999Z. This is crucial because the exemption is vehicle-specific. Even if another bus operator uses a similar vehicle or operates a similar route, the exemption will not apply unless the vehicle is the one identified in the order.
Section 3 (Exemption) is the operative provision. Subsection (1) states that, subject to subsection (2), the following rules of the Road Traffic (Motor Vehicles, Construction and Use) Rules do not apply to the specified bus while it is being used to operate the bus service: rules 6(1), 75(3) and 77(1)(d). Although the extract provided does not reproduce the content of those rules, the legal effect is clear: the specified bus is relieved from compliance with those particular requirements during the relevant operational period.
From a practitioner’s perspective, the most important interpretive points are:
- Temporal limitation: the exemption applies “while it is being used to operate the bus service.” If the vehicle is not being used for that purpose (for example, during private use, maintenance movements, or other non-service activities), the exemption may not apply.
- Vehicle limitation: only SG5999Z benefits.
- Rule limitation: only the listed rules are disapplied; other rules in the Road Traffic (Motor Vehicles, Construction and Use) Rules remain applicable unless separately exempted.
Subsection (2) imposes a condition precedent and ongoing condition: the exemption is subject to the requirement that there must be, at all times, a policy of insurance in relation to the specified bus insuring against (a) damage to any property caused by or arising out of the use of the bus, and (b) the death of, or bodily injury sustained by, any person caused by or arising out of the use of the bus. This is a classic risk-management safeguard. It ensures that even if certain technical or construction/use rules are relaxed, third-party exposure remains covered by insurance.
In enforcement or dispute contexts, the “at all times” language is likely to be decisive. If insurance lapses—even briefly—the exemption could be argued to cease, potentially exposing the operator to regulatory breach for the disapplied rules during the uninsured period. Lawyers should therefore treat insurance compliance as a continuous obligation, not merely a documentation exercise.
How Is This Legislation Structured?
The order is structured in a straightforward three-part format:
- Section 1 (Citation and commencement): identifies the instrument and its effective date.
- Section 2 (Definitions): sets the legal meaning of “bus service” and “specified bus,” thereby controlling when and to what vehicle the exemption applies.
- Section 3 (Exemption): provides the substantive exemption from specified rules and attaches the insurance condition.
Notably, the order does not create new regulatory regimes; instead, it operates by modifying the application of existing rules within the Road Traffic (Motor Vehicles, Construction and Use) Rules. This “disapplication” approach is common in exemption orders and requires careful cross-referencing when advising clients on compliance obligations.
Who Does This Legislation Apply To?
The exemption is directed at the specified bus (SG5999Z) when it is used to operate a bus service as defined. While the order does not expressly list “persons” as addressees, in practical terms it affects the bus operator responsible for operating the vehicle under the relevant licensing and contractual arrangements.
The definition of “bus service” ties the exemption to a bus operator that holds a Class 1 bus service licence under the Bus Services Industry Act 2015 and operates under a contract with the Land Transport Authority of Singapore. Therefore, the exemption is most relevant to regulated passenger transport operators and their compliance teams, insurers, and legal advisers.
Why Is This Legislation Important?
Even though the order is narrow and short, it is important because it changes the compliance landscape for a specific vehicle. For operators, the exemption can reduce the regulatory burden associated with the disapplied rules. For regulators and insurers, it introduces a controlled relaxation that must be balanced with safeguards—most prominently, the insurance requirement.
From a legal risk perspective, the insurance condition is the order’s central protective mechanism. It ensures that third parties injured by, or whose property is damaged by, the specified bus remain covered. In claims handling, this can be relevant to arguments about whether the exemption was validly in effect at the time of an incident. If the insurance policy was not “in force, at all times,” parties may dispute whether the exemption applied, which could influence liability narratives and regulatory exposure.
For practitioners advising on compliance, the order underscores the need for precise operational controls. Because the exemption applies only “while” the bus is being used to operate the defined bus service, operators should ensure that their operational logs, dispatch records, and insurance arrangements align with the legal definition. Where vehicles are moved outside service (e.g., repositioning, testing, or maintenance), counsel should consider whether those movements fall outside the exemption’s scope.
Related Legislation
- Road Traffic Act (Cap. 276) — in particular, section 142 (power to make exemption orders)
- Road Traffic (Motor Vehicles, Construction and Use) Rules (R 9) — specifically rules 6(1), 75(3) and 77(1)(d) as disapplied by this order
- Bus Services Industry Act 2015 — definition of Class 1 bus service licence referenced in the order
- Land Transport Authority of Singapore — contracts for passenger carriage on the specified bus (as referenced in the definition of “bus service”)
Source Documents
This article provides an overview of the Road Traffic (Motor Vehicles, Construction and Use) (Exemption) Order 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.